Belton

INTRODUCTION

21 Plaintiff Vernon L. Belton alleges in this 42 U.S.C. § 1983 suit that prison guards at 22 Salinas Valley State Prison violated his constitutional rights by failing to protect him from, 23 or intervene in, an attack from Moore, another inmate; by finding him guilty of a rule 24 violation; and by providing constitutionally inadequate medical care. Defendants move

26 1 This is the second motion for summary judgment in this suit. The prior MSJ addressed Belton’s claims that Dr. Zewert, a surgeon, failed to provide him with constitutionally 27 adequate medical care. (Dkt. No. 73.) I granted Zewert’s motion for summary judgment. for summary judgment and have presented supporting evidence. Belton has not filed an opposition.2 The motion for summary judgment will be GRANTED in part and DENIED in part. Defendants have presented undisputed evidence that the prison guards were unable to prevent the attack: they had no notice that Moore posed a threat to Belton, and because they were deceived by Moore’s assertion that he had a medical problem, they were surprised by the attack. However, defendants’ papers show a genuine…