United States Ninth Circuit

Summary judgment for defendants in plaintiff-prisoner's 1983 action seeking damages and injunctive relief based on an assault by a member of a rival prison gang, with whom plaintiff was temporarily assigned to share a cell, is affirmed, where: 1) the district court did not err in deciding the summary judgment motion despite the court’s failure to send notice pursuant to Rand v. Rowland, until approximately one month after the defendants filed their motion and a day after plaintiff filed his response because plaintiff did not suffer a deprivation of substantial rights when the district court decided the summary judgment motion on the merits; and 2) the undisputed evidence in the record showed that defendants were not deliberately indifferent to a substantial risk of an attack if the two inmates were placed in a cell together.

Appellate Information

• Decided 05/01/2013
• Published 05/01/2013

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel