Cca

Keone Labatad appeals from the judgment dismissing his 42 U.S.C. § 1983 claim that actions taken by correctional officials at the Saguaro Correctional Center (SCC) violated his Eighth Amendment rights. Labatad sought damages and injunctive relief based on an assault by a member of a rival prison gang, with whom he was temporarily assigned to share a cell. The District Court rejected Labatad’s claims that the defendants were deliberately indifferent to the risk he faced from the cell assignment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

Keone Labatad was a State of Hawaii inmate incarcerated at the SCC. Although the SCC tracks inmates’ gang affiliations, it does not have a policy of separating rival gang members in cell assignments. Instead, gang affiliation is one factor in the ease-by-case evaluations used to make such assignments.

On July 23, 2009, Labatad had a fight with another inmate, Howard Giddeons. Labatad was a member of the La Familia gang, and Giddeons was a member of the USO Family gang. The fight did not produce serious injuries. A guard noticed that Labatad’s face was swollen and scratched, and prison officials investigated. Both…