Kenneth Law v. E.K. McDaniel, et al, No. 09-17686 (9th Cir. 2011)
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FILED FEB 25 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT KENNETH LAW, No. 09-17686 Plaintiff - Appellant, D.C. No. 07-cv-00262-ECR-VPC v. MEMORANDUM * E.K. McDANIEL, Warden; et al., Defendants - Appellees. Appeal from the United States District Court for the District of Nevada Edward C. Reed, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Kenneth Law, a Nevada state prisoner, appeals pro se from the district court s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials were deliberately indifferent to his safety. We have jurisdiction under 28 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). U.S.C. § 1291. We review de novo, Oliver v. Keller, 289 F.3d 623, 626 (9th Cir. 2002), and we affirm. The district court properly granted summary judgment because Law failed to raise a genuine issue of material fact as to whether defendants had a culpable state of mind when approving requests for a copy of a book containing information that posed a risk to Law s safety, or allowing the book into the prison facility. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) ( [A] prison official cannot be found liable [for deliberate indifference] unless the official knows of and disregards an excessive risk to inmate . . . safety. ). AFFIRMED. 2 09-17686
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