Vasquez

Vasquez v. Baca

Good Law
323 F. App'x 503
United States Court of Appeals for the Ninth CircuitApril 7, 2009No. 07-55641California504 words

Opinion

Lead Opinion

MEMORANDUM **

George Vasquez, a former detainee at the Los Angeles County Jail, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging denial of access to adequate medical care, religious services, and legal materials, as well as unconstitutional conditions of confinement. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the grant of summary judgment, Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Vasquez’s deliberate indifference claim because his allegations concerning treatment of a cold, a migraine, and athlete’s foot did not implicate a serious medical need. See Estelle v. Gamble, 429 U.S. 97, 105-06 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976) (stating that a plaintiff must show that the defendants were deliberately indifferent to serious medical needs). His allegations concerning a delay in dental treatment and a difference of medical opinion also do not constitute deliberate indifference. See Shapley v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir.1985) (“[M]ere delay of surgery, without more, is insufficient to state a claim of…

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