Jefferson

Jefferson v. McDaniel

Good Law
324 F. App'x 614
United States Court of Appeals for the Ninth CircuitApril 27, 2009No. 08-16304California373 words

Opinion

Lead Opinion

MEMORANDUM **

Willie Lee Jefferson, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action challenging his temporary placement in administrative segregation and the medical care he received there. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e)(2) for failure to state a claim, Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir.2005), and we affirm.

The district court properly dismissed Jefferson’s Eighth Amendment claim based on the medical care he received during the eight or nine days he was in administrative segregation because he alleged that he was seen by a psychiatrist during that time, and his allegations do not suggest that the psychiatrist was deliberately indifferent to a serious medical need. See Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.2006) (“Under 42 U.S.C. § 1983 , to maintain an Eighth Amendment claim based on prison medical treatment, an inmate must show ‘deliberate indifference to serious medical needs.’ ”).

Jefferson failed to state an Eighth Amendment claim based on the conditions of his confinement because he did not allege…

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