Webb

Webb v. Douglas County

Good Law
224 F. App'x 647
United States Court of Appeals for the Ninth CircuitMarch 12, 2007Nos. 05-35481, 05-35556California810 words

Opinion

Lead Opinion

MEMORANDUM *

Defendants-Appellants Douglas County, Calvin Graham, Sheriff Chris Brown (“County Defendants”), and Fred Luke Herscher, D.O., appeal the district court’s denial of their motions for summary judgment. They argue that Defendants-Appellants Graham and Herscher are entitled to qualified immunity against Plaintiff-Appellee Stacey Webb’s 42 U.S.C. § 1983 claim of deliberate indifference to a serious medical need in violation of the Eighth Amendment. Webb’s guardian ad litem filed this suit on Webb’s behalf after Webb, who had complained of a four-day headache upon admission to the Douglas County Jail, suffered a seizure and disabling brain aneurysm within seventy-two hours of incarceration.

As an initial matter, we grant Defendants-Appellants’ motion to strike the portion of Plaintiff-Appellee’s brief beginning with line thirteen of page seven and continuing through line two of page eight. In reviewing a district court’s decision on summary judgment, this court may only consider issues of fact that were properly presented to the district court. Harkins Amusement Enters., Inc. v. Gen. Cinema Corp., 850 F.2d 477 , 482 (9th Cir.1988). The information on pages seven and eight…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.