Estrada

Estrada v. Alvarado

Good Law
57 F. App'x 345
United States Court of Appeals for the Ninth CircuitMarch 13, 2003No. 02-55844; D.C. No. CV-97-04952-SVWCalifornia301 words

Opinion

Lead Opinion

MEMORANDUM **

Salvador Andrew Estrada, a federal prisoner, appeals pro se the district court’s summary judgment for prison officials in his action alleging excessive force and deliberate indifference to his medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291 . After de novo review, Anthony v. Dowdle, 853 F.2d 741, 742 (9th Cir.1988), we affirm.

The district court properly granted summary judgment on Estrada’s excessive force claim because Estrada did not complain to the medical technicians of any injuries following the altercation with the prison officials, and the objective medical findings indicated that he had only superficial abrasions on his knees that did not require medical treatment. See White v. Roper, 901 F.2d 1501, 1507 (9th Cir.1990); cf. Hudson v. McMillian, 503 U.S. 1, 7-9 , 112 S.Ct. 995 , 117 L.Ed.2d 156 (1992) (holding that the absence of a serious injury is relevant to determining whether excessive force was applied).

Similarly, the district court properly granted summary judgment on Estrada’s deliberate indifference claim because the record shows that medical technicians evaluated Estrada immediately after the altercation and determined that he…

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