FELDMEIER v. PM 10 05 11 CCA (2019)

MEMORANDUM **

California state prisoner Ronald M. Feldmeier appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging a failure-to-protect claim. 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.

The district court properly granted summary judgment because Feldmeier failed to raise a genuine dispute of material fact as to whether defendants failed to respond reasonably to the risk of harm to Feldmeier. See Farmer v. Brennan, 511 U.S. 825, 837, 844, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (deliberate indifference requires that an official knows of and disregards an excessive risk to inmate health or safety, but “prison officials who actually knew of a substantial risk to inmate health or safety may be found free from liability if they responded reasonably to the risk, even if the harm ultimately was not averted”).

AFFIRMED.