LARRY JACKSON V. MATTHEW MUSSION, No. 19-15040 (9th Cir. 2019)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 25 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT LARRY W. JACKSON, No. Plaintiff-Appellant, U.S. COURT OF APPEALS 19-15040 D.C. No. 2:17-cv-03290-DJH-DMF v. MATTHEW MUSSION; STOLC, Unknown, MEMORANDUM* Defendants-Appellees, and CORE CIVIC RED ROCK CORRECTIONAL CENTER; et al., Defendants. Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding Submitted September 18, 2019** Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Arizona state prisoner Larry W. Jackson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging Eighth Amendment violations arising from a slip and fall incident. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915A. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm. The district court properly dismissed Jackson’s action because Jackson failed to allege facts sufficient to show that defendants knew of and disregarded a substantial risk to his health or safety. See Farmer v. Brennan, 511 U.S. 825, 83437 (1994); Starr v. Baca, 652 F.3d 1202, 1205-06 (9th Cir. 2011) (because § 1983 suits do not support vicarious liability, plaintiffs must demonstrate defendants are individually liable for violations). We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). AFFIRMED. 2 19-15040

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