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

Kenneth Lopez v. Sue Hubbard

Kenneth Lopez v. Sue Hubbard
U.S. Court of Appeals for the Ninth Circuit · Decided October 11, 2011 · Silverman, Fletcher, Murguia
453 F. App'x 709

Kenneth Lopez v. Sue Hubbard

Opinion

MEMORANDUM ***

California state prisoner Kenneth Lopez appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants were deliberately indifferent to his safety by not ordering that he be single-celled. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, *710 391 F.3d 1051, 1056 (9th Cir. 2004). We may affirm on any ground supported by the record, Enlow v. Salem-Keizer Yellow Cab Co., 389 F.3d 802, 811 (9th Cir. 2004), and we affirm.

The district court properly granted summary judgment because Lopez failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to a substantial risk of serious harm to him when they denied his request for single-cell status. See Farmer v. Brennan, 511 U.S. 825, 837, 843-44, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (explaining that a prison official is not liable for failing to protect one inmate from another unless the prisoner shows that he was housed under conditions that posed a substantial risk of serious harm, and that the prison official acted with deliberate indifference to the prisoner’s safety).

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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