Farr

Farr v. Anderson

Good Law
37 F. App'x 330
United States Court of Appeals for the Ninth CircuitJune 17, 2002No. 01-35193; D.C. No. CV-96-00861-MJPCalifornia372 words

Opinion

Lead Opinion

MEMORANDUM **

Tillman G. Farr, a Washington state prisoner, appeals pro se the district court’s summary judgment in his civil rights action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review summary judgment de novo, Hamilton v. Endell, 981 F.2d 1062, 1065 (9th Cir.1992), and we affirm.

Defendants Anderson and Brock were entitled to qualified immunity on the deliberate indifference to medical need claim because the evidence did not set forth a constitutional violation. See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). With respect to the deliberate indifference claim against defendant Palmer, Farr’s allegation of injury on November 17, 1995 did not create a genuine issue of material fact sufficient to overcome defendants’ medical evidence showing that his wound healed normally without any indication of trauma. See Hamilton, 981 F.2d at 1066 .

Because Washington had an adequate post-deprivation remedy for loss of property, see Wash. Rev.Code §§ 4.92.100, 4.92.110; Coulter v. State, 93 Wash.2d 205 , 608 P.2d 261, 263 (1980) (en banc), the district court properly determined that Farr’s due process claims did not rise to the level of a…

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