FILED
NOT FOR PUBLICATION APR 23 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DAVID L ERICKSON, No. 12-35506
Plaintiff - Appellant, D.C. No. 3:11-cv-05982-RJB
v.
MEMORANDUM *
SARGEANT LOPEZ,
Defendant - Appellee.
Appeal from the United States District Court
for the Western District of Washington
Robert J. Bryan, District Judge, Presiding
Submitted April 16, 2013 **
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Washington state prisoner David L. Erickson appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging First and Eighth
Amendment violations. We have jurisdiction under 28 U.S.C. § 1291. We review
de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm.
*
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).
The district court properly granted summary judgment on Erickson’s claim
that defendant failed to protect him from inmate assault because Erickson failed to
raise a genuine dispute of material fact as to whether defendant knew of and
disregarded an excessive risk to Erickson’s safety. See id. at 1056-57 (a prison
official is deliberately indifferent only if he knows of and disregards an excessive
risk to an inmate’s safety; the official must both be aware of facts from which the
inference could be drawn that a substantial risk of serious harm exists, and he must
also draw the inference).
AFFIRMED.
2 12-35506