Angelo Perondi v. Dora Schriro

Good Law
370 F. App'x 805
United States Court of Appeals for the Ninth CircuitMarch 9, 201008-17479California410 words

Opinion

Opinion

MEMORANDUM

Arizona state prisoner Angelo Paul Per-ondi appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his health as a result of exposure to lead contamination in the prison water. We have jurisdiction pursuant to 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 determined that Perondi failed to establish a triable issue as to whether the defendants knew of and disregarded an excessive risk to him from exposure to lead in the prison’s drinking and cooking water. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (“[A] prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety[.]”).

The district court did not abuse its discretion in denying Perondi’s request for appointment of counsel because he did not demonstrate extraordinary circumstances. See Agyeman v. Com. Corp. of Am., 390 F.3d 1101 , 1103 (9th Cir.2004). The district court also did…

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