Rodney Garrott v. Eldon Vail

Ninth Circuit

Rodney Garrott v. Eldon Vail

549 F. App'x 669

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 11, 2013

Docket19-15803

StatusUnpublished

Cited by1 cases

This text of 549 F. App'x 669 (Rodney Garrott v. Eldon Vail) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rodney Garrott v. Eldon Vail, 549 F. App'x 669 (9th Cir. 2013).

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Opinion

MEMORANDUM **

Washington state prisoner Rodney L. Garrott appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on Garrott’s claim alleging that defendants failed to protect him from inmate assault because Garrott failed to raise a genuine dispute of material fact as to whether defendants knew of and disregarded an excessive risk to Garrott’s safety. See Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811, (1994) (claim of deliberate indifference requires showing that “the official [knew] of and disregarded] an excessive risk to inmate ... safety”); see also Nelson v. Pima Cmty. Coll., 83 F.3d 1075, 1081-82 (9th Cir.1996) (“[M]ere allegation and speculation do not create a factual dispute for purposes of summary judgment.”).

The district court properly granted summary judgment on Garrott’s state law negligence claim because Garrott failed to raise a genuine dispute of material fact as to whether defendants had knowledge of or good reason to believe that Garrott would be assaulted by another inmate. See Pedroza v. Bryant, 101 Wash.2d 226, 677 P.2d 166, 168 (1984) (elements of negligence claim); Winston v. Dep’t of Corr., 130 Wash.App. 61, 121 P.3d 1201, 1202 (2005) (to hold prison officials liable for injury to one inmate inflicted by another inmate, the inmate must show “knowledge on the part of prison officials that such an injury will be inflicted, or good reason to anticipate such”).

To the extent that Garrott attempts to raise an access-to-courts claim, we do not consider it because it was raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n. 2 (9th Cir.2009) (per curiam).

Garrott’s motion to file a supplemental brief is granted.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM **

Washington state prisoner Rodney L. Garrott appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on Garrott’s claim alleging that defendants failed to protect him from inmate assault because Garrott failed to raise a genuine dispute of material fact as to whether defendants knew of and disregarded an excessive risk to Garrott’s safety. See Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811, (1994) (claim of deliberate indifference requires showing that “the official [knew] of and disregarded] an excessive risk to inmate ... safety”); see also Nelson v. Pima Cmty. Coll., 83 F.3d 1075, 1081-82 (9th Cir.1996) (“[M]ere allegation and speculation do not create a factual dispute for purposes of summary judgment.”).

The district court properly granted summary judgment on Garrott’s state law negligence claim because Garrott failed to raise a genuine dispute of material fact as to whether defendants had knowledge of or good reason to believe that Garrott would be assaulted by another inmate. See Pedroza v. Bryant, 101 Wash.2d 226, 677 P.2d 166, 168 (1984) (elements of negligence claim); Winston v. Dep’t of Corr., 130 Wash.App. 61, 121 P.3d 1201, 1202 (2005) (to hold prison officials liable for injury to one inmate inflicted by another inmate, the inmate must show “knowledge on the part of prison officials that such an injury will be inflicted, or good reason to anticipate such”).

To the extent that Garrott attempts to raise an access-to-courts claim, we do not consider it because it was raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n. 2 (9th Cir.2009) (per curiam).

Garrott’s motion to file a supplemental brief is granted.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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