The following excerpt is from McDowell v. Fox, No. 2:16-cv-2144 CKD P (E.D. Cal. 2017):
In his amended complaint, plaintiff again alleges he suffered injuries after being attacked by another inmate. However, the amended complaint fails to state a claim upon which relief can be granted because plaintiff fails to allege facts suggesting that any defendant is liable for plaintiff's injuries. In order to state a claim under the Eighth Amendment for failure to protect an inmate from violence, plaintiff must allege facts indicating he suffered an injury as a result of a prison official's deliberate indifference to a substantial risk of serious physical harm. Farmer v. Brennan, 511 U.S. 825, 834 (1994). In his amended complaint, as in his original, plaintiff fails to allege facts suggesting any injuries suffered by him were the result of any defendant being at least deliberately indifferent to a substantial risk of serious physical harm.
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