Esslinger

Esslinger v. Worrall

Good Law
89 F. App'x 622
United States Court of Appeals for the Ninth CircuitFebruary 23, 2004No. 02-36001; D.C. No. CV-01-00237-A-JKSCalifornia469 words

Opinion

Lead Opinion

MEMORANDUM **

Randal Lee Esslinger, a former Alaska state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that his Fourteenth *623 and Eighth Amendment rights were violated by prison health care providers. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo both dismissals and summary judgments. Barnett v. Centoni, 31 F.3d 813, 815, 816 (9th Cir.1994) (per curiam). We affirm.

The district court properly dismissed Esslinger’s claims that defendant Hughes refused to treat his alleged shoulder injury and failed to follow an unspecified Department of Corrections policy. See Jones v. Cmty. Redev. Agency, 733 F.2d 646 , 649 (9th Cir.1984) (affirming dismissal of section 1983 claim where plaintiffs “allegations [were] conclusional and unsupported by any facts”).

The district court properly granted summary judgment on Esslinger’s procedural due process claim against the doctors because Esslinger presented no evidence showing that the doctors placed him in administrative segregation or a mental hospital facility, or were responsible for procuring a classification hearing for him. See Witherow v. Paff, 52 F.3d 264, 266…

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