Brown
Brown v. Castro
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Gregory L. Brown appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his medical condition and needs. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s decision on qualified immunity de novo. See Krug v. Lutz, 329 F.3d 692, 695 (9th Cir.2003). We review the district court’s determination that a prisoner failed to ex *840 haust administrative remedies de novo and review its findings of fact for clear error. See Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.
The district court properly determined that the defendants involved in incidents alleged to have occurred on September 18, 2000, December 13, 2000 and November 1, 2001 were entitled to qualified immunity. Defendants presented evidence that, at the time of these incidents, Brown was not wearing a vest, and did not provide a medical history document (referred to as a “ehrono”), either of which would have identified him as having a disability or mobility issues. Accordingly, defendants could have reasonably believed that their conduct in requiring Brown to get down during…