Ronald Feldmeier v. P. Hauser ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 28 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RONALD M. FELDMEIER, No. 18-17199
Plaintiff-Appellant, D.C. No. 2:13-cv-02027-DGC
v.
MEMORANDUM*
P. HAUSER, Case Manager, Corrections
Corporation of America at La Palma
Correctional Center, Eloy, AZ; R.
WILLIAMS, Unit Manager, Corrections of
America at La Palma Correctional Center,
Eloy, AZ,
Defendants-Appellees,
and
UNKNOWN PARTIES, Unknown John
Doe(s) Staffers (Unknown Emergency Call
Box Staff - PM on 10/05/11) of the CCA at
La Palma Correctional Center,
Defendant.
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted August 19, 2019**
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.
California state prisoner Ronald M. Feldmeier appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging a
failure-to-protect claim. 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 because Feldmeier
failed to raise a genuine dispute of material fact as to whether defendants failed to
respond reasonably to the risk of harm to Feldmeier. See Farmer v. Brennan, 511
U.S. 825, 837, 844 (1994) (deliberate indifference requires that an official knows
of and disregards an excessive risk to inmate health or safety, but “prison officials
who actually knew of a substantial risk to inmate health or safety may be found
free from liability if they responded reasonably to the risk, even if the harm
ultimately was not averted”).
AFFIRMED.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2 18-17199