U.S. Court of Appeals for the Ninth Circuit, 2009

Donald Green v. M. Sharp

Donald Green v. M. Sharp
U.S. Court of Appeals for the Ninth Circuit · Decided December 8, 2009 · Alarcón, Trott, Tashima
357 F. App'x 845

Donald Green v. M. Sharp

Opinion

MEMORANDUM **

Donald Jerome Green, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that a prison guard violated his Eighth Amendment rights by fading to protect him from another inmate. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We affirm.

The district court properly granted summary judgment because Green did not raise a triable issue as to whether the prison guard knew that inmate Frazier posed a substantial risk of serious harm to Green. See Farmer v. Brennan, 511 U.S. 825, 837-39, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (holding that a prison official cannot be found hable for deliberate indifference unless the official knows of and *846 disregards an excessive risk to inmate health or safety).

Green’s remaining contentions are unpersuasive.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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