U.S. Court of Appeals for the Ninth Circuit, 2014

Roderick Sawyer v. Morrow Cole

Roderick Sawyer v. Morrow Cole
U.S. Court of Appeals for the Ninth Circuit · Decided March 17, 2014 · Pregerson, Leavy, Murguia
563 F. App'x 589

Roderick Sawyer v. Morrow Cole

Opinion

MEMORANDUM **

Nevada state prisoner Roderick Sawyer appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging Eighth Amendment violations arising from unsanitary conditions of confinement. 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 because Sawyer failed to raise a genuine dispute of material fact as to whether defendants consciously disregarded an excessive risk to Sawyer’s health by exposing him to unsanitary conditions in his cell and denying him adequate cleaning supplies. See id., 391 F.3d at 1058 (prison officials are deliberately indifferent only if they know of and disregard an excessive risk of serious harm to inmate health).

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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