Sherbin
Dwayne Eichler v. Sherbin
Opinion
Opinion
MEMORANDUM
California state prisoner Dwayne Ei-chler appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to safety, state law claims, and violations of the Emergency Medical Treatment and Active Labor Act (“EMTALA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001). We affirm.
The district court properly granted summary judgment on Eichler’s deliberate indifference claim because the officers were entitled to qualified immunity, as their conduct did not violate a right that was clearly established at the time of the alleged violation. See Bull v. City & County of San Francisco, 595 F.3d 964, 971, 1002-03 (9th Cir.2010) (en banc) (a government official is entitled to qualified immunity unless the facts, taken in the light most favorable to the party asserting the injury, show that the official violated a right and the right was “clearly established” at the time of the alleged violation; the key inquiry for determining the latter is whether a reasonable person could have believed his actions lawful at the time they were undertaken).