Samonte

MEMORANDUM *

Lael Samonte brought this action seeking monetary and injunctive relief against Dr. Kay Bauman and Hawai’i Governor Laura Lingle under 42 U.S.C. § 1983 . Samonte alleged that the defendants violated his Eighth Amendment rights by exhibiting deliberate indifference toward Samonte’s serious medical needs while Samonte was in prison at the Halawa Correctional Facility in Hawai’i. The district court dismissed Samonte’s claim for injunctive relief, dismissed his claim against the governor, and granted summary judgment in favor of Dr. Bauman. Samonte now appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. Deliberate Indifference

We review de novo the district court’s grant of summary judgment. See Arakaki v. Hawaii, 314 F.3d 1091, 1094 (9th Cir.2002).

The district court did not err in granting summary judgment for Dr. Bauman because no rational trier of fact could find that Dr. Bauman’s actions constituted deliberate indifference to a serious medical need. 1 To show deliberate indifference to a serious medical need in violation of the Eighth Amendment, a plaintiff must show “(a) a purposeful act or failure to respond to a prisoner’s pain or…

concurring:

I concur in the result.