Cano

Cano v. Schriro

Good Law
269 F. App'x 755
United States Court of Appeals for the Ninth CircuitMarch 12, 2008No. 06-16866California500 words

Opinion

lead Opinion

MEMORANDUM **

Erineo Cano appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging prison officials were deliberately indifferent to his serious medical needs by failing to provide him with adequate treatment for Hepatitis C. We have jurisdiction under 28 U.S.C. *756 § 1291 . We review de novo, Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment on Cano’s Eighth Amendment claim because Cano’s conelusory allegations of inadequate medical treatment were insufficient to controvert defendants’ evidence that Cano’s condition was monitored appropriately and additional tests and treatment had been administered as warranted. See Arpin v. Santa Clara Valley Transp. Agency, 261 F.3d 912 , 922 (9th Cir.2001) (holding conelusory allegations unsupported by factual data are insufficient to defeat motion for summary judgment). Cano failed to raise a triable issue of fact as to whether any of the defendants were deliberately indifferent to his medical needs. See Farmer v. Brennan, 511 U.S. 825, 834-35 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (holding Eighth Amendment claim requires…

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