Repp

Repp v. Nielson

Good Law
135 F. App'x 22
United States Court of Appeals for the Ninth CircuitJune 3, 2005No. 04-35558; D.C. No. CV-01-00038-BLWCalifornia293 words

Opinion

Lead Opinion

MEMORANDUM **

Idaho state prisoner Kelly Allen Repp appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that county officials were deliberately indifferent to his medical needs by exposing him to inmates with tuberculosis (“TB”) while he was incarcerated in the Bannock County Jail. We have jurisdiction pursuant to 28 U.S.C. *23 § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and we affirm.

The district court properly held that Repp failed to failed to raise a genuine issue of material fact as to whether the prison officials acted with deliberate indifference to his medical needs. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (holding that prison officials can only be held liable where an inmate can show that officials knew of and consciously disregarded an excessive risk to prisoner’s health). To the contrary, the record indicates that as soon as defendants became aware of an active case of TB in the jail population, they acted immediately to evaluate and protect the health of inmates and staff. See id.

Repp’s contention that his latent TB…

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