Sidney Jenkins, a Washington state prisoner, appeals pro se the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging, inter alia, that the defendants violated his constitutional rights by failing to protect him during his murder trial from attack by the victim’s brother. We review de novo, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), and we affirm. The district court properly granted summary judgment because Jenkins failed to raise a genuine issue of material fact concerning whether the defendants acted with deliberate indifference when they released the victim’s brother after his initial attack on Jenkins. See Redman v. County of San Diego, 942 F.2d 1435, 1442 (9th Cir. 1991) (en banc) (<HOLDING>); see also Farmer v. Brennan, 511 U.S. 825,
holding that deliberate indifference is the level of culpability pretrial detainees must establish to maintain a failure to protect claim under the fourteenth amendment holding that because pretrial detainees fourteenth amendment rights are comparable to prisoners eighth amendment rights the same standards apply holding that pretrial detainees can bring substantive due process claim holding that pretrial detainees have at least the same protections under the fourteenth amendment as posttrial detainees have under the eighth amendment holding that pretrial detainees possess a constitutional right against deliberate indifference to their serious medical needs because the due process rights of a pretrial detainee are at least as great as the eighth amendment protections available to a convicted prisoner