Burdette

MEMORANDUM **

Ron Burdette (“Burdette”) appeals the district court’s grant of summary judgment on behalf of defendants Dr. Lancaster, Sheriff Scott McKenzie, and Butte County in his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s decision to grant summary judgment on grounds of qualified immunity de novo. In ruling on qualified immunity, we must consider whether, “taken in the light most favorable to the party asserting the injury, [] the facts alleged show the officer’s conduct violated a constitutional right” that is clearly established. Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

The undisputed facts are that Burdette suffered head injuries after having a seizure and falling while in the pill call line at Butte County Jail. He claims that his seizure was caused by the decision of Dr. Lancaster, the prison doctor, to taper him off of Xanax and prescribe Imipramine, and that this was pursuant to a prison policy implemented by Dr. Lancaster.

Burdette has not shown that Dr. Lancaster’s decision to change drugs constituted deliberate indifference to Burdette’s serious medical…