Barry Lamon v. Hans Birkholm

MEMORANDUM

Barry Louis Lamon, 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 and retaliation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on Lamoris deliberate indifference claim because Lamon failed to raise a genuine dispute of material fact as to whether defendant Birkholm was deliberately indifferent to Lamon’s serious foot condition. See id. at 1057 (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to an inmate’s health; “[m]ere negligence in ... treating a medical condition, without more, does not violate a prisoner’s Eighth Amendment rights” (citation and internal quotation marks omitted)).

The district court properly granted summary judgment on Lamon’s retaliation claim because Lamon failed to raise a genuine dispute of material fact as to whether Birkholm failed to provide orthotics due to Lamon accusing him of taking kickbacks. See Rhodes v.…