Kevin Mays v. Todd Stobie

Plaintiff-Appellant Kevin Mays appeals the district court’s grant of summary judgment to the defendant deputies in Mays’s § 1983 deliberate indifference claim against deputies of the Nez Perce County Jail. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo a grant of summary judgment. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). “Viewing the evidence in the light most favorable to the nonmoving party, we must determine whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Id. (quoting Leever v. Carson City, 360 F.3d 1014, 1017 (9th Cir.2004)). Although the Eighth Amendment protects convicted prisoners from cruel and unusual punishment, the Fourteenth Amendment Due Process Clause protects pretrial detainees, such as Mays, from mistreatment. Bell v. Wolfish, 441 U.S. 520 , 535-37 & n. 16, 99 S.Ct. 1861 , 60 L.Ed.2d 447 (1979). However, we apply the same Eighth Amendment “deliberate indifference” standard to our Fourteenth Amendment analysis of the treatment of pretrial detainees. Clouthier v. Cnty. of Contra Costa, 591 F.3d 1232, 1244 (9th Cir.2010).

It is…