Gordon Meador v. Ralph Diaz

U.S. Court of Appeals for the Ninth Circuit

Gordon Meador v. Ralph Diaz

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 22 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

GORDON DALE MEADOR, No. 20-16760

Plaintiff-Appellant, D.C. No. 4:19-cv-02116-JSW

v. MEMORANDUM* RALPH DIAZ; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding

Submitted September 14, 2021**

Before: PAEZ, NGUYEN, OWENS, Circuit Judges.

Gordon Dale Meador appeals pro se from the district court’s summary

judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his

safety. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.

Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The district court properly granted summary judgment because Meador

failed to raise a genuine dispute of material fact as to whether defendants knew of

and disregarded an excessive risk to his safety. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) (a prison official cannot be held liable for deliberate indifference

“unless the official knows of and disregards an excessive risk to inmate health or

safety; the official must both be aware of facts from which the inference could be

drawn that a substantial risk of serious harm exists, and he must also draw the

inference”).

AFFIRMED.

2 20-16760

Reference

Status
Unpublished