King
King v. Mayberg
Opinion
Lead Opinion
MEMORANDUM **
William King, a former civil detainee at Atascadero State Hospital, appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that he was denied medical care in violation of the Due Process Clause of the Fourteenth Amendment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a grant of summary judgment. Aguilera v. Baca, 510 F.3d 1161, 1167 (9th Cir.2007). We affirm.
The district court properly granted summary judgment on King’s claims that *804 defendants denied him care for gastroeso-phageal reflux disease and rectal bleeding because King failed to demonstrate a triable issue as to whether the treatment he received constituted a “substantial departure from accepted professional judgment.” Youngberg v. Romeo, 457 U.S. 307, 323 , 102 S.Ct. 2452 , 73 L.Ed.2d 28 (1982).
The district court properly granted summary judgment on King’s claim that defendants denied him chemotherapy for bone marrow cancer because, as the district court found, it was not a substantial departure from professional medical judgment to fail to treat a patient for an undiagnosed disease.