Hammons

Keith Candler v. Hammons

Good Law
584 F. App'x 661
United States Court of Appeals for the Ninth CircuitAugust 22, 201413-16632California323 words

Opinion

Opinion

MEMORANDUM

Keith W. Candler, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.2006). We may affirm on any basis supported by the record, Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008), and we affirm.

Summary judgment was proper because Candler failed to raise a genuine dispute of material fact as to whether Hammons was deliberately indifferent to his asthma and breathing problems. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (a prison official is deliberately indifferent only if he or she “knows of and disregards an excessive risk to inmate health”); see also Lemire v. Cal. Dep’t of Corr. & Rehab., 726 F.3d 1062, 1084 (9th Cir.2013) (defendants “did not act with deliberate indifference toward [the prisoner] as they reasonably relied on the expertise of the prison’s medical staff’); Jett, 439 F.3d at 1096 (if the harm is an isolated exception to the prisoner’s overall…

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