Whitmore
Whitmore v. Pierce County Department of Community Corrections
Opinion
Lead Opinion
MEMORANDUM **
Timothy B. Whitmore, a former inmate in the Pierce County Jail, appeals pro se from the district court’s summary judgment in favor of the Pierce County defendants in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs and mishandling of his jail grievances. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.
The district court properly granted summary judgment on the deliberate indifference claim because Whitmore failed to raise a genuine issue of material fact as to whether jail officials were deliberately indifferent to his mental health conditions. See id. at 1057 (explaining that prison officials must know of and disregard a substantial risk of serious harm for their conduct to constitute deliberate indifference); see also Villegas v. Gilroy Garlic Festival Ass’n, 541 F.3d 950, 957 (9th Cir.2008) (en banc) (“Because there is no constitutional violation, there can be no municipal liability.”).
The district court properly granted summary judgment on the claim alleging mishandling of Whitmore’s grievances and “kites” (written complaints about…