John Entler v. Roy Gonzales ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 21 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN THOMAS ENTLER, No. 18-35885
Plaintiff-Appellant, D.C. No. 3:17-cv-05407-RBL
v.
MEMORANDUM*
ROY GONZALES, Dept of Corrections
Manager; BERNARD WARNER, Former
Secretary of DOC,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted October 15, 2019**
Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.
Washington state prisoner John Thomas Entler appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
deliberate indifference to his safety. We have jurisdiction under 28 U.S.C. § 1291.
*
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).
We review de novo. Thomas v. Ponder, 611 F.3d 1144, 1149 (9th Cir. 2010). We
affirm.
The district court properly granted summary judgment because Entler failed
to raise a genuine dispute of material fact as to whether defendants knew of and
disregarded an excessive risk to Entler’s safety. See Foster v. Runnels, 554 F.3d
807, 814 (9th Cir. 2009) (“To establish a prison official’s deliberate indifference,
an inmate must show that the official was aware of a risk to the inmate’s safety and
that the official deliberately disregarded the risk.”); see also Farmer v. Brennan,
511 U.S. 825, 844 (1994) (“[P]rison 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[.]”).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 18-35885