Salcido

Salcido v. Zarek

Good Law
237 F. App'x 151
United States Court of Appeals for the Ninth CircuitMay 24, 2007No. 06-15697California677 words

Opinion

Lead Opinion

MEMORANDUM **

Sixto Salcido, a California state prisoner, appeals the district court’s order granting summary judgment to the defendant prison medical officials in his action under 42 U.S.C. § 1983 . He argues that there were triable issues of fact as to whether the defendants exhibited “deliberate indifference” to his pain, that the district court abused its discretion by not appointing him counsel and an expert witness, and that the district court abused its discretion by denying his motion for reconsideration and leave to amend. Because the parties are aware of the facts and proceedings below, we do not recite them here. We affirm.

“Under 42 U.S.C. § 1983 , to maintain an Eighth Amendment claim based on prison medical treatment, an inmate must show ‘deliberate indifference to serious medical needs.’ ” Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.2006) (quoting Estelle v. Gamble, 429 U.S. 97, 104 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976)). Prison officials demonstrate “deliberate indifference” when they are aware of the patient’s condition but “deny, delay or intentionally interfere with medical treatment.” Id. at 1096. Though a deliberate indifference claim may also rest on “the…

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