Barry Lamon v. Maurice Junious

MEMORANDUM

California state prisoner Barry Louis Lamon appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal of a complaint under 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted, Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir.2007), and we affirm in part, reverse in part, and remand.

The district court properly dismissed Lamon’s due process claim because the allegations in the amended complaint do not support a claim that he was deprived of a protected liberty interest without due process of law. See Washington v. Harper, 494 U.S. 210, 231-33 , 110 S.Ct. 1028 , 108 L.Ed.2d 178 (1990) (requiring notice and a hearing prior to the involuntary use of psychotropic medications on inmates).

The district court properly dismissed Lamon’s Eighth Amendment claim because Lamon failed to allege facts showing that defendants were deliberately indifferent. See Toguchi v. Chung, 391 F.3d 1051, 1056-57 (9th Cir.2004) (elements of an Eighth Amendment claim).

However,…