Amarir

Amarir v. Hill

Good Law
243 F. App'x 353
United States Court of Appeals for the Ninth CircuitOctober 31, 2007No. 06-16195California664 words

Opinion

Lead Opinion

*354 MEMORANDUM **

California state prisoner Ahmed Amarir appeals the district court’s summary judgment order dismissing his 42 U.S.C. § 1983 civil rights action against prison medical officials, James C. Hill, DDS and Michael C. Friedman, MD. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment. Taylor v. List, 880 F.2d 1040, 1044 (9th Cir.1989). We affirm.

Section 1983 imposes two essential proof requirements upon a claimant: (1) that a person acting under color of state law committed the conduct at issue, and (2) that the conduct deprived the claimant of some right, privilege, or immunity protected by the Constitution or laws of the United States. Leer v. Murphy, 844 F.2d 628, 632-33 (9th Cir.1988). There is no dispute that Dr. Hill and Dr. Friedman acted under color of state law when treating Amarir due to their acknowledged status as doctors employed at the Correctional Training Facility, North, in Soledad, California.

Deliberate indifference to serious medical needs of prisoners violates the Eighth Amendment. Estelle v. Gamble, 429 U.S. 97, 104 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976). “Dental care is one of the most…

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