46 F. App'x 486

Dennis Gerald CLAIBORNE, Plaintiff—Appellant, v. Ernest C. ROE, Warden; et al., Defendants—Appellees.

No. 01-56859.

D.C. No. CV-00-01773-R.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 9, 2002.*

Decided Sept. 17, 2002.

Before HUG, O’SCANNLAIN, and TASHIMA, Circuit Judges.

MEMORANDUM **

Dennis Gerald Claiborne, a California state prisoner, appeals pro se the district *487court’s summary judgment in his 42 U.S.C. § 1983 action alleging that the defendants violated his Eighth Amendment rights. We review de novo, Robi v. Reed, 173 F.3d 736, 739 (9th Cir.1999), and we affirm.

Claiborne alleged that the defendants were aware of racial tensions between Black and Hispanic inmates yet failed to take sufficient measures to prevent an attack on Claiborne in the prison yard. The district court properly granted summary judgment to the defendants because Claiborne’s evidence did not create a genuine issue of material fact as to whether the defendants had a state of mind sufficiently culpable to constitute deliberate indifference. See Farmer v. Brennan, 511 U.S. 825, 834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994).

AFFIRMED.

Claiborne v. Roe
46 F. App'x 486

Case Details

Name
Claiborne v. Roe
Decision Date
Sep 17, 2002
Citations

46 F. App'x 486

Jurisdiction
United States

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