Curtis Morrison v. C. Hill
Opinion
Opinion
MEMORANDUM
Curtis Lee Morrison, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs and due process violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.2006). We may affirm on any basis supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm.
The district court properly granted summary judgment on Morrison’s Eighth Amendment claims because Morrison failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to his serious medical needs when they allegedly placed an inmate who was a smoker in his cell. See Wilson v. Seiter, 501 U.S. 294, 297-98 , 111 S.Ct. 2321 , 115 L.Ed.2d 271 (1991) (inmate must establish that prison officials “possessed a sufficiently culpable state of mind” to implicate the Eighth Amendment); Jett, 439 F.3d at 1096 (deliberate indifference requires “a purposeful act or failure to respond to pain or possible medical need”).