Calvin Calvin v. Orange County Sheriff Dept.

MEMORANDUM

Calvin J. Calvin, an inmate at Orange County Jail, appeals pro se from the district court’s judgment dismissing 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. Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010) (dismissal under Fed. R. Civ. P. 12(b)(6)); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A). We affirm.

The district court properly dismissed Calvin’s deliberate indifference claim because Calvin failed to allege facts sufficient to show that defendants knew of and disregarded an excessive risk to his health. See Toguchi v. Chung, 391 F.3d 1051, 1057-60 (9th Cir. 2004) (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health; negligence and a mere difference in medical opinion are insufficient to establish deliberate indifference).

To the extent Calvin sought relief under the Americans with Disabilities Act (“ADA”), the district court properly dismissed this claim because Calvin failed to allege that he was qualified to participate in…