Larry W. Jackson v. MATTHEW MUSSION; STOLC, Unknown

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LARRY W. JACKSON,
Plaintiff-Appellant,
v.
MATTHEW MUSSION; STOLC,
Unknown,
Defendants-Appellees,
and
CORE CIVIC RED ROCK
CORRECTIONAL CENTER; et al.,
Defendants.
No. 19-15040
D.C. No. 2:17-cv-03290-DJH-DMF
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Diane J. Humetewa, District Judge, Presiding
Submitted September 18, 2019**
Before: FARRIS, TASHIMA, and NGUYEN, 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).
FILED
SEP 25 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 19-15040
Arizona state prisoner Larry W. Jackson appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging Eighth
Amendment violations arising from a slip and fall incident. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim
under 28 U.S.C. § 1915A. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.
1998) (order). We affirm.
The district court properly dismissed Jackson’s action because Jackson
failed to allege facts sufficient to show that defendants knew of and disregarded a
substantial risk to his health or safety. See Farmer v. Brennan, 511 U.S. 825, 834-
37 (1994); Starr v. Baca, 652 F.3d 1202, 1205-06 (9th Cir. 2011) (because § 1983
suits do not support vicarious liability, plaintiffs must demonstrate defendants are
individually liable for violations).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.

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