Cox

Cox v. Weldon

Good Law
52 F. App'x 422
United States Court of Appeals for the Ninth CircuitDecember 12, 2002No. 02-16280; D.C. No. CV-01-05796-RECCalifornia368 words

Opinion

Lead Opinion

MEMORANDUM **

Jeffrey Lee Cox appeals pro se the district court’s judgment dismissing for failure to state a claim his 42 U.S.C. § 1983 action alleging that the defendants were deliberately indifferent to his medical needs and failed to accommodate his learning disability under the Americans With Disabilities Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.

Cox alleged that officials at the Fresno County Jail were deliberately indifferent to his medical needs by failing to administer medication to treat his Attention Deficit Hyperactivity Disorder. The district court properly dismissed this claim because Cox did not allege facts to suggest that the delay in receiving medication stemmed from anything more than inadvertence or led to further injury. See Redman v. County of San Diego, 942 F.2d 1435 , 1439—40 (9th Cir.1991) (en banc); Shapley v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir.1985) (per curiam).

The district court properly concluded that Cox’s claims alleging interference with his ability to assist defense counsel in his criminal trial and…

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