Timothy Patrick v. Greg Martin, et al, No. 09-35530 (9th Cir. 2010)
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FILED NOV 02 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT TIMOTHY RAY PATRICK, Plaintiff - Appellant, No. 09-35530 D.C. No. 6:08-CV-00275-AA v. MEMORANDUM * GREG MARTIN, Defendant - Appellee. Appeal from the United States District Court for the District of Oregon Ann Aiken, Chief Judge, Presiding Submitted October 19, 2010 ** Before: O SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges. Timothy Ray Patrick, an Oregon state prisoner, appeals pro se from the district court s judgment in his 42 U.S.C. § 1983 action alleging violations of his Eighth and Fourteenth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Galen v. County of Los Angeles, 477 F.3d 652, 658 * 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). (9th Cir. 2007) (summary judgment based on qualified immunity); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)), and we affirm. The district court properly granted summary judgment on qualified immunity grounds on the deliberate indifference claim because Patrick failed to raise a triable issue as to whether defendant, a correctional officer, informed other inmates that Patrick was a snitch or sent an inmate to attack Patrick. See Farmer v. Brennan, 511 U.S. 825, 834-37 (1994) (discussing deliberate indifference standard); Rodriguez v. Maricopa County Cmty. College Dist., 605 F.3d 703, 711 (9th Cir. 2010) (a defendant is entitled to qualified immunity if there is no constitutional violation); see also Nilsson v. City of Mesa, 503 F.3d 947, 952 n.2 (9th Cir. 2007) (a conclusory affidavit unsupported by facts is insufficient to raise a triable issue). The district court properly dismissed the sexual harassment claim based on defendant s comments to Patrick, because verbal harassment is insufficient to state a section 1983 claim. See Oltarzewski v. Ruggiero, 830 F.2d 136, 139 (9th Cir. 1987). Patrick s remaining contentions are unpersuasive. AFFIRMED. 2 09-35530
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