Irby

Irby v. Skagit County Jail

Good Law
344 F. App'x 371
United States Court of Appeals for the Ninth CircuitSeptember 1, 2009No. 08-35311California374 words

Opinion

Lead Opinion

MEMORANDUM **

Terrance Jon Irby, a former pretrial detainee at Skagit County Jail, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action claiming that jail personnel were deliberately indifferent to his medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly granted summary judgment to defendant Dormer because Irby failed to raise a triable issue that Dormer intentionally gave him the wrong medication. See Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.2006) (explaining that deliberate indifference involves a purposeful act); Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir.1998) (holding that, because pretrial detainees’ Fourteenth Amendment rights are comparable to prisoners’ Eighth Amendment rights, the same standards apply). Moreover, insofar as Irby sought to bring a failure to protect claim against defendants Shand and Skagit County Jail based on how the jail dispenses medication, the district court properly granted summary judgment because no reasonable jury could conclude that the defendants deliberately exposed Irby to a…

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