Hernandez

Hernandez v. Paderes

Good Law
28 F. App'x 728
United States Court of Appeals for the Ninth CircuitJanuary 29, 2002No. 00-16802; D.C. No. CV-98-00744-SOMCalifornia625 words

Opinion

Lead Opinion

MEMORANDUM **

Daniel Hernandez (“Hernandez”), a prisoner at Halawa Correctional Facility in Honolulu, Hawaii, sued Sisar Paderes, M.D. (“Dr.Paderes”), Virgnia Burchett, R.N. (“Nurse Burchett”), Kenneth Zienkiewicz, M.D. (“Dr.Zienkiewiez”), and Wesley Mun (“Mun”) (collectively “Defendants”) under 42 U.S.C. § 1983 alleging that they were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The district court granted summary judgment with respect to all Defendants.

We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 , and review the grant of summary judgment de novo. See Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). Viewing the evidence in the light most favorable to Hernandez, we consider whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. See id. We affirm.

A prison official violates the Eighth Amendment when he acts with “deliberate indifference” to a prisoner’s serious medical needs. Estelle v. Gamble, 429 U.S. 97, 105 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976). Deliberate indifference exists only where *730 the “official knows of…

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