Ellis

Ellis v. Wheeler

Good Law
285 F. App'x 423
United States Court of Appeals for the Ninth CircuitJuly 10, 2008No. 06-16930California273 words

Opinion

Lead Opinion

MEMORANDUM **

Benjamin F. Ellis, a wheelchair-bound California prisoner, appeals pro se from *424 the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging violations of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo summary judgment. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We review for abuse of discretion an order denying a request for appointment of counsel. Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir.1984). We affirm.

The district court properly granted summary judgment because Ellis did not raise a triable issue as to whether defendants disregarded an excessive risk of serious harm to Ellis when they ordered him to undress himself while sitting in his wheelchair and in an office chair without armrests. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (“[A] prison official cannot be found liable under the Eighth Amendment ... unless the official knows of and disregards an excessive risk to inmate health or safety”).

For the same reason, the district court properly granted summary judgment as to Ellis’s claims concerning the manner in which he…

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