Charboneau

Charboneau v. Turner

Good Law
116 F. App'x 158
United States Court of Appeals for the Ninth CircuitDecember 16, 2004No. 03-35845California274 words

Opinion

Lead Opinion

MEMORANDUM **

Idaho state prisoner Jaimi D. Charboneau appeals pro se the district court’s order granting summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials violated his First and Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Clicks Billiards, Inc. v. Sixshooters, Inc., 251 F.3d 1252, 1257 (9th Cir.2001), and we affirm.

The prison officials’ contention that Charboneau waived his right to appeal by failing to comply with the Federal Rules of Appellate Procedure lacks merit because Charboneau is a pro se litigant. See Balistreri v. Pacifica Police Dept., 901 F.2d 696, 699 (9th Cir.1990) (indicating that pro se litigants are held to a lower standard of brief writing).

The district court properly granted summary judgment on Charboneau’s deliberate indifference claims because, at best, the evidence submitted established that prison officials were negligent in Charboneau’s medical care. See Estelle v. Gamble, 429 U.S. 97, 106 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976).

The district court properly granted summary judgment on Charboneau’s retaliation claims because the evidence submitted established that all punitive…

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