Edward Delacruz v. Dora Schriro

Good Law
465 F. App'x 704
United States Court of Appeals for the Ninth CircuitJanuary 10, 201210-16989California569 words

Opinion

Opinion

MEMORANDUM

Edward Lopez Delacruz, an Arizona state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations of his Eighth and Fourteenth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir.2007) (dismissal under 28 U.S.C. § 1915A); Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004) (summary judgment). We may affirm on any ground supported by the record, Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 322 F.3d 1064, 1076-77 (9th Cir.2003), and we affirm.

The district court properly dismissed Delacruz’s deliberate indifference to medical needs claim as to defendants Baird, Belcourt, Hegman, and Lesac for the reasons stated in its order entered on February 10, 2009. Dismissal of this claim as to defendants Greely and Schriro was also proper because Delacruz failed to allege facts showing that these defendants knew of and disregarded an excessive or substantial risk to his health. See Toguchi, 391 F.3d at 1057 (discussing the standard for establishing deliberate indifference to an inmate’s health and safety).

The district…

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