KENNETH WILLIAMS v. OREGON DEPARTMENT OF CORRECTIONS

Good Law
542 F. App'x 602
United States Court of Appeals for the Ninth CircuitOctober 17, 201316-73683California403 words

Opinion

Opinion

MEMORANDUM

Kenneth Gregory Williams appeals from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging violations under the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), its decision granting qualified immunity, Prison Legal News v. Lehman, 397 F.3d 692 , 698 (9th Cir.2005), and its decision granting Eleventh Amendment immunity, Doe v. Lawrence Livermore Nat’l Lab., 131 F.3d 836 , 838 (9th Cir. 1997), and we affirm.

The district court properly granted summary judgment in favor of Jerry Becker, Dave Degner, David Gillies, Ole Hansen, Ted Randall, Steven Shelton, Jennifer Stevens, and John Vargo because Williams failed to raise a triable issue of fact as to whether any of these defendants were deliberately indifferent to his serious medical needs. See Estelle v. Gamble, 429 U.S. 97, 104 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976). Whether additional diagnostic techniques or forms of treatment were necessary were matters for the defendants’ medical judgment, see id. at 107 , 97 S.Ct. 285 , and there is no evidence that…

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