U.S. Court of Appeals for the Ninth Circuit, 2011

Kenneth Law v. e.k. McDaniel

Kenneth Law v. e.k. McDaniel
U.S. Court of Appeals for the Ninth Circuit · Decided February 25, 2011 · Canby, Fernandez, Smith
416 F. App'x 638

Kenneth Law v. e.k. McDaniel

Opinion

MEMORANDUM **

Kenneth Law, a Nevada state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials were deliberately indifferent to his safety. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Oliver v. Keller, 289 *639 F.3d 623, 626 (9th Cir. 2002), and we affirm.

The district court properly granted summary judgment because Law failed to raise a genuine issue of material fact as to whether defendants had a culpable state of mind when approving requests for a copy of a book containing information that posed a risk to Law’s safety, or allowing the book into the prison facility. See Farmer v. Brennan, 511 U.S. 825, 837,114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (“[A] prison official cannot be found liable [for deliberate indifference] unless the official knows of and disregards an excessive risk to inmate ... safety.”).

AFFIRMED.

**

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

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