Larry Lloyd v. Chief Mike Powell

MEMORANDUM

Former Washington state prisoner Larry Lloyd appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging retaliation and deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, White v. Roper, 901 F.2d 1501, 1503 (9th Cir.1990), and we affirm.

The district court properly granted summary judgment on the retaliation claim because Lloyd failed to raise a genuine dispute of material fact as to whether defendants’ housing decisions were based on a retaliatory motive rather than legitimate correctional goals. See Pratt v. Rowland, 65 F.3d 802, 806 (9th Cir.1995) (plaintiff must show allegedly retaliatory action did not advance legitimate correctional goals).

The district court properly granted summary judgment on the medical deliberate indifference claim because, even assuming that Lloyd had a serious medical condition, Lloyd failed to raise a genuine dispute of material fact as to whether defendants disregarded an excessive. risk to his health. See Toguchi v. Chung, 391 F.3d 1051, 1058 (9th Cir.2004) (prison officials act with, deliberate indifference only if they know of…