Richard Howard Smith v. Pierce County Pierce County Sheriffs Department John Shields, in His Capacity as Pierce County Sheriff and as an Individual

70 F.3d 1280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard Howard SMITH, Plaintiff-Appellant, v. PIERCE COUNTY; Pierce County Sheriffs Department; John Shields, in his capacity as Pierce County sheriff and as an individual;, Defendants-Appellees. No. 95-35280. United States Court of Appeals, Ninth Circuit. Submitted Nov. 20, 1995. * Decided Nov. 24, 1995. Before: PREGERSON, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Richard Howard Smith, a federal prisoner, appeals pro se the district court's 28 U.S.C. Sec. 1915 (d) dismissal of defendants Pierce County and Pierce County Sheriff's Office, and its grant of summary judgment in favor of defendant Sheriff John Shields in Smith's 42 U.S.C. Sec. 1983 action alleging deliberate indifference to his serious medical needs in violation of the Eighth Amendment. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review the district court's Sec. 1915(d) dismissal of an action as frivolous for an abuse of…