Gray

Florencio Vallejo v. Gray

Good Law
668 F. App'x 828
United States Court of Appeals for the Ninth CircuitSeptember 20, 201615-16713California335 words

Opinion

Opinion

MEMORANDUM

Florencio P. Vallejo, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011) (dismissal under 28 U.S.C. § 1915A); Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004) (summary judgment). We affirm.

The district court properly granted summary judgment for defendant Gray because Vallejo failed to raise a genuine dispute of material fact as to whether Gray was deliberately indifferent to Vallejo’s serious medical needs. See Toguchi, 391 F.3d at 1057 (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to an inmate’s health); see also Lemire v. Cal. Dep’t of Corr. & Rehab., 726 F.3d 1062, 1074 (9th Cir. 2013) (explaining that plaintiffs alleging deliberate indifference in § 1983 actions “must ... demonstrate that the defendants’ actions were both an actual and proximate cause of their injuries”).

The district court properly dismissed Vallejo’s claim under the Americans with…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.