Lavoll

Lavoll v. Keller

Good Law
5 F. App'x 682
United States Court of Appeals for the Ninth CircuitMarch 2, 2001No. 99-17692. D.C. No. CV-98-00536-ECRCalifornia669 words

Opinion

Lead Opinion

MEMORANDUM **

Terrance L. Lavoll appeals pro se the district court’s dismissal of his amended *684 civil rights complaint, arguing that as a pretrial detainee he was subjected to dangerous, inhumane and unsanitary jail conditions, that prison officials were deliberately indifferent to his serious medical needs, and that he suffered racial discrimination at his sentencing. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and reverse in part and remand.

The district court properly dismissed Lavoll’s sentencing claim because those defendants are immune from suit. See Ashelman v. Pope, 793 F.2d 1072, 1078 (9th Cir.1986) (en banc) (judges and prosecutors); Demoran v. Witt, 781 F.2d 155, 158 (9th Cir.1985) (probation officers); see also Polk County v. Dodson, 454 U.S. 312, 325, 102 S.Ct. 445 , 70 L.Ed.2d 509 (1981) (holding that public defenders do not act under color of state law for purposes of civil rights actions).

The district court also properly dismissed Lavoll’s claim of inadequate medical care. To state a cognizable claim, Lavoll was required to “allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical…

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