Harold Hunter v. A. Welchert

MEMORANDUM

Harold Hunter, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials improperly classified him, failed to provide him with mental health and medical treatment, and subjected him to improper conditions of confinement. 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 Hunter’s deliberate indifference claim concerning his treatment before his suicide attempt because there was no genuine issue of material fact as to whether the treatment Hunter received was medically unacceptable. See id, at 1058 (“[T]o prevail on a claim involving choices between alternative courses of treatment, a prisoner must show that the chosen course of treatment was medically unacceptable under the circumstances, and was chosen in conscious disregard for an excessive risk to the prisoner’s health.”) (citation and internal quotation marks and brackets omitted).

The district court properly granted summary judgment on Hunter’s Eighth Amendment and due process claims…