Seals

Seals v. Russell

Good Law
355 F. App'x 102
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 08-16079California528 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Izell Seals, a former California state detainee, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging multiple civil rights violations against jail personnel. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Sanchez v. Vild, 891 F.2d 240, 241-42 (9th Cir.1989). We affirm.

The district court properly granted summary judgment on Seals’s excessive force claims because the unverified statements in Seal’s complaint were insufficient to controvert defendants’ evidence that the force used against Seals was reasonable under the circumstances. See Gibson v. County of Washoe, Nev., 290 F.3d 1175, 1197 (9th Cir.2002); see also Angel v. Seattle-First Nat’l Bank, 653 F.2d 1293, 1299 (9th Cir.1981) (“A motion for summary judgment cannot be defeated by mere conclusory allegations unsupported by factual data.”).

The district court properly granted summary judgment on Seals’s deliberate indifference claims because he failed to raise a triable issue as to whether the defendants intentionally disregarded a serious medical need. See Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir.2004) (affirming summary…

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