Eric Duarte v. Martyn Bevan

MEMORANDUM

Eric Duarte, a California state prisoner, appeals pro se from the district court’s summary judgment in favor of prison officials in his 42 U.S.C. § 1983 action alleging violations of the Eighth Amendment arising from inadequate and delayed medical treatment following a foot injury suffered while he was playing handball in the prison recreational yard. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s summary judgment. Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001). We affirm.

The district court properly entered summary judgment because Duarte failed to establish the existence of a genuine issue of fact that either defendants Gill or Bevan acted with deliberate indifference by requiring him to walk, at times unassisted, on his broken foot. See Conn v. City of Reno, 572 F.3d 1047, 1055-56 (9th Cir.2009). There is insufficient evidence from which an inference could be drawn that a substantial risk of serious harm existed by requiring Duarte to walk relatively short distances on his injured foot. Moreover, the evidence is insufficient to support a finding that either Gill or Bevan actually believed that there was a substantial risk of…