Dawes

Dawes v. Contreras

Good Law
357 F. App'x 883
United States Court of Appeals for the Ninth CircuitDecember 14, 2009No. 08-15528California290 words

Opinion

Lead Opinion

MEMORANDUM **

Michael A. Dawes appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that Police Officer Contreras violated Dawes’s constitutional rights by ramming a van into the police car in which Dawes was seated, and by delaying medical treatment for Dawes’s injuries. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir.1998), and we affirm.

The district court properly granted summary judgment on Dawes’s collision claim because Dawes failed to produce evidence suggesting that Officer Contreras acted for the purpose of causing harm, see County of Sacramento v. Lewis, 523 U.S. 833, 836 , 118 S.Ct. 1708 , 140 L.Ed.2d 1043 (1998), or acted with deliberate indifference to, or with reckless disregard for, Dawes’s rights, see Tennison v. City & County of San Francisco, 570 F.3d 1078, 1088 (9th Cir.2009).

The district court properly granted summary judgment on Dawes’s medical claim because Dawes failed to raise a triable issue as to whether the delay in receiving medical treatment amounted to a constitutional violation. See Frost, 152 F.3d at 1130 (holding that pretrial detainee…

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