Domingo Montar-Morales v. Bisson ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 12 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DOMINGO MONTAR-MORALES, No. 22-35591
Plaintiff-Appellant, D.C. No. 2:20-cv-00776-TSZ
v.
MEMORANDUM*
BISSON, Officer, Monroe Correctional
Complex,
Defendant-Appellee,
and
JOHN P. PICKERING, Officer, Monroe
Correctional Complex; et al.,
Defendants.
Appeal from the United States District Court
for the Western District of Washington
Thomas S. Zilly, District Judge, Presiding
Submitted June 26, 2023**
Before: CANBY, S.R. THOMAS, and CHRISTEN, 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).
Washington state prisoner Domingo Montar-Morales 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. Cortez v. Skol, 776 F.3d 1046, 1050 (9th Cir. 2015). We affirm.
The district court properly granted summary judgment for defendant Bisson
because Montar-Morales failed to raise a genuine dispute of material fact as to
whether Bisson was deliberately indifferent to an excessive risk to Montar-
Morales’s safety. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) (a prison
official is deliberately indifferent only if the prison official “knows of and
disregards an excessive risk to inmate health or 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 22-35591