Webb
Webb v. Miller-Saltarello
Opinion
Opinion
facts sufficient to show that these defendants’ acts harmed him. See Wilhelm v.
Rotman, 680 F.3d 1113, 1122 (9th Cir. 2012) (explaining that, to establish
deliberate indifference, a plaintiff must show “(a) a purposeful act or failure to
24-2094 respond to a prisoner’s pain or possible medical need and (b) harm caused by the
indifference” (citation omitted)).
The district court did not abuse its discretion by dismissing without leave to
amend Webb’s claims against defendants Bullock, Coffey, Roberts, Bugher,
Wright, and Fleener, and his claims regarding physical therapy and a knee brace
against Miller-Saltarello and the Therapeutic Level of Care Committee Does,
because amendment would be futile. See Cervantes v. Countrywide Home Loans,
Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of review and
explaining that leave to amend may be denied when amendment would be futile);
see also Nguyen v. Endologix, Inc., 962 F.3d 405, 420 (9th Cir. 2020) (explaining
that the court’s discretion is particularly broad when a plaintiff has previously been
granted leave to amend and has subsequently failed to add requisite…