Marcus Ellington v. D. Runnels

MEMORANDUM

Marcus Ruben Ellington, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Shwarz v. United States, 234 F.3d 428, 432 (9th Cir.2000), and the entry of summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly dismissed Ellington’s Americans with Disabilities Act (“ADA”) claims because the claims were based on inadequate treatment. See Simmons v. Navajo County, 609 F.3d 1011, 1022 (9th Cir.2010) (“The ADA prohibits discrimination because of disability, not inadequate treatment for disability.”).

The district court properly granted summary judgment on Ellington’s deliberate indifference claims because Ellington failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to his medical and mental health needs. See Toguchi, 391 F.3d at 1057-58 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the…