Hdsp

Edwards v. High Desert State Prison

Good Law
615 F. App'x 457
United States Court of Appeals for the Ninth CircuitSeptember 2, 201513-15875California661 words

Opinion

Opinion

MEMORANDUM

Prisoner Brian Edwards appeals the district court’s grant of summary judgment in favor of the state with respect to his 42 U.S.C. § 1983 claims under the Eighth and Fourth Amendments. “We review de novo the district court’s grant of summary judgment.” Oswalt v. Resolute Indus. Inc., 642 F.3d 856, 859 (9th Cir.2011). We affirm.

Edwards alleges that on December 23, 2008, he informed prison personnel that he was experiencing an asthma attack, yet he waited 2.5 hours to receive treatment. Under the Eighth Amendment, Edwards “must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs. It is only such indifference that can offend ‘evolving standards of decency’ in violation of the Eighth Amendment.” Estelle v. Gamble, 429 U.S. 97, 106 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976). Delay in medical treatment “must have caused substantial harm” to violate the Eighth Amendment. Wood v. Housewright, 900 F.2d 1332, 1335 (9th Cir.1990). Edwards experienced a delay of only 2.5 hours; he was able to' walk on his own volition to receive treatment; and he suffered no health effects from the incident. No reasonable jury could conclude that…

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