Miles Bonty v. J. Ramsey

MEMORANDUM

California state prisoner Miles O. Bonty appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference, excessive force, and retaliation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Bonty’s deliberate indifference claim because, even though defendants likely knew of a substantial risk of serious harm to Bonty’s safety as a result of another inmate’s threats, Bonty failed to raise a genuine dispute of material fact as to whether they consciously disregarded such a risk. See Farmer v. Brennan, 511 U.S. 825, 833-35, 844 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (setting forth elements of deliberate indifference and noting that prison officials are not liable if they knew of an objectively substantial risk to inmate safety but responded reasonably to the risk, even if the harm ultimately was not averted).

The district court properly granted summary judgment on Bonty’s excessive force claim because, even though defendants likely used force prematurely to prevent an…