Ashker

Ashker v. Steinberg

Good Law
238 F. App'x 246
United States Court of Appeals for the Ninth CircuitJune 25, 2007No. 05-15058California430 words

Opinion

Lead Opinion

*247 MEMORANDUM **

This matter arose out of an incident that occurred when Todd Ashker was fighting with another inmate at Pelican Bay State Prison and a guard shot him, injuring Ashker’s wrist and arm. In 1995, a jury awarded him damages under 42 U.S.C. § 1983 for this incident. In 1997, he filed another § 1983 action alleging deliberate indifference in violation of the Eighth Amendment for failure to provide him with proper medical care for his injured wrist and arm. In 2001, Ashker sought leave to amend his complaint to include allegations of continual denials by the prison staff to provide him with medical care. The district court denied that motion. In October 2001, he filed a new § 1983 action alleging that the state had failed to provide ongoing medical care for his wrist and arm, in violation of the Eighth Amendment. Ashker reached a settlement agreement with the state in May 2002 regarding the 1997 complaint. The district court found that the settlement' agreement covered the claims in Ashker’s 2001 complaint. We AFFIRM.

As a preliminary matter, Ashker’s motion asking the panel to consider documents from his other pending cases is denied because these materials were not…

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