Barry Patterson v. Nurse Grant

MEMORANDUM

Arizona state prisoner Barry Northcross Patterson appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004) (summary judgment); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal under 28 U.S.C. § 1915A). We affirm.

The district court properly granted summary judgment on Patterson’s deliberate indifference claim against Grant because Patterson failed to raise a genuine dispute of material fact as to whether Grant consciously disregarded an excessive risk to Patterson’s health in treating Patterson following an incident where he was placed in restraints. See Toguchi, 391 F.3d at 1058 (prison officials are deliberately indifferent only if they know of and disregard an excessive risk of serious harm to inmate health).

The district court properly dismissed Patterson’s claims against the other defendants because Patterson “fail[ed] to state a claim upon which relief [could] be granted.” 28 U.S.C. § 1915A(b)(1); see also Shroyer v. New Cingular Wireless Servs., Inc., 622 F.3d…