Goldstein

Goldstein v. Paugh

Good Law
269 F. App'x 697
United States Court of Appeals for the Ninth CircuitMarch 11, 2008No. 06-16894California358 words

Opinion

lead Opinion

MEMORANDUM **

Darryl Lee Goldstein appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1988 action alleging that defendants interfered with his medical treatment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo both the district court’s grant of summary judgment and its decision on qualified immunity, Long v. City and County of Honolulu, 511 F.3d 901, 905-06 (9th Cir. 2007), and we affirm.

The district court properly determined that Officers Paugh and Raggio were entitled to qualified immunity because, viewed in the light most favorable to Goldstein, the facts alleged do not establish how the officers delayed or interfered with Gold-stein’s receipt of medical treatment or how any delay caused him any actual injury. See Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.2006) (discussing Eighth Amendment deliberate indifference standard); see also Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir.1998) (applying standard for prisoners under Eighth Amendment to claim of deliberate indifference by pretrial detainee under Fourteenth Amendment); see also Long, 511 F.3d at 905-06 (explaining the qualified immunity standard).

The district court properly…

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