Valadez

Valadez v. Sierra County

Good Law
173 F. App'x 620
United States Court of Appeals for the Ninth CircuitMarch 16, 200605-16275California330 words

Opinion

Lead Opinion

MEMORANDUM **

Anthony J. Valadez, Jr., appeals pro se from the district court’s judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging the county falsely imprisoned him past his five day sentence for contempt of court and was deliberately indifferent to his serious medical needs while he was in the county jail. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and its dismissal for failure to state a claim, Nelson v. Heiss, 271 F.3d 891, 893 (9th Cir.2001). We affirm.

The district court properly granted summary judgment for defendants with respect to Valadez’s false imprisonment claim as the length of his detention was in accordance with a court order. See Estate of Brooks ex rel. Brooks v. United States, 197 F.3d 1245, 1249 (9th Cir.1999).

The district court properly granted summary judgment for defendants with respect to Valadez’s deliberate indifference claim because he failed to raise a triable issue of fact as to whether their treatment resulted in further significant injury or the “unnecessary and wanton infliction of pain.” McGuckin v. Smith,…

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