Jerry E. Johnson v. MOORE, Ms.;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JERRY E. JOHNSON,
Plaintiff-Appellant,
v.
MOORE, Ms.; et al.,
Defendants-Appellees.
No. 22-15567
D.C. No.
2:18-cv-02427-RFB-VCF
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Richard F. Boulware II, District Judge, Presiding
Submitted November 3, 2023**
Before: O’SCANNLAIN, FERNANDEZ, and SILVERMAN, Circuit Judges.
Nevada state prisoner Jerry E. Johnson appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging Eighth
Amendment violations arising from unsanitary conditions of confinement. We
affirm.
* 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).
FILED
NOV 3 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2
The district court properly granted summary judgment because Johnson
failed to raise a genuine dispute of material fact as to whether the prison staff
consciously disregarded an excessive risk to Johnson’s health by exposing him
to unsanitary conditions when he was placed temporarily in an unclean cell for
several hours during the transfer of a group of inmates to different cell placements
within the prison. See Toguchi v. Chung, 391 F.3d 1051, 1056-58 (9th Cir.
2004) (prison officials are deliberately indifferent only if they know of and
disregard an excessive risk of serious harm to inmate health); Anderson v. County
of Kern, 45 F.3d 1310, 1314-15 (9th Cir. 1995) (lack of sanitation must be severe
and prolonged to constitute an Eighth Amendment violation).
AFFIRMED.

-- 2 of 2 --