David Harpine v. Ignacio De Las Heras

MEMORANDUM

David Lindon Harpine, a federal prisoner, appeals pro se from the district court’s summary judgment in his action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971) alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review summary judgment de novo. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on Harpine’s claims against defendant De Las Heras because Harpine failed to present evidence creating a genuine issue of material fact as to whether De Las Heras purposefully ignored or failed to respond to Harpine’s medical condition. See McGuckin v. Smith, 974 F.2d 1050 (9th Cir.1992), overruled on other grounds by WMX Techs., Inc. v. Miller, 104 F.3d 1133 (9th Cir.1997).

The district court properly granted summary judgment on Harpine’s claims against defendant Dhaliwal because Harpine failed to raise a genuine issue of material fact as to Dhaliwal’s alleged deliberate indifference. Dhaliwal prescribed various pain killers and behavior change to treat the condition and…