Labatad v. Corrections Corp. of America

OPINION

Keone Labatad appeals from the judgment dismissing his 42 U.S.C. § 1983 claim that actions taken by correctional officials at the Saguaro Correctional Center (SCC) violated his Eighth Amendment rights. Labatad sought damages and injunctive relief based on an assault by a member of a rival prison gang, with whom he was temporarily assigned to share a cell. The District Court rejected Labatad’s claims that the defendants were deliberately indifferent to the risk he faced from the cell assignment. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

Keone Labatad was a State of…