Dennis Gieck v. Seleaina Thomas

MEMORANDUM

Dennis Michael Gieck, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging First Amendment, Eighth Amendment, and due process violations arising from his placement in the Outpatient Housing Unit (“OHU”) at Cali-patria State Prison. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on the due process claims because Gieck did not raise a triable issue as to whether his four-day placement in the OHU imposed an “atypical and significant hardship on [him] in relation to the ordinary incidents of prison life.” Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995).

The district court properly granted summary judgment on the Eighth Amendment claim because Gieck did not raise a triable issue as to whether the treatment provided by Nurse Practitioner Thomas “was medically unacceptable under the circumstances, and was chosen in conscious disregard of an excessive risk to the prisoner’s health.” Toguchi, 391 F.3d at 1058 (internal quotation marks…