Irvin
Irvin v. Zamora
Opinion
Lead Opinion
*135 MEMORANDUM ***
Steven Derrick Irvin, a former California state prisoner currently incarcerated in Los Angeles County Jail, appeals pro se the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging deliberate indifference arising from his exposure to pesticide and the failure to treat his resulting injuries. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), and we affirm.
The district court properly granted summary judgment on Irvin’s claim that defendants Pyle and Alsip, state-employed vector control technicians, were deliberately indifferent to his health and safety because Irvin failed to provide objective evidence to counter defendants’ evidence that it was virtually impossible for Irvin to have been “showered” by the pesticide in liquid form through a vent in his cell, see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986) (explaining that a party cannot “rest on mere allegations or denials of his pleading” in opposing summary judgment), and he failed to raise a genuine issue of material fact as to whether Pyle…