Dixon v. Department of Corrections & Rehabilitation
Dixon v. Department of Corrections & Rehabilitation
Opinion
MEMORANDUM **
California state prisoner Duane Dixon appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review do novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)). We affirm.
The district court properly dismissed Dixon’s action because Dixon failed to allege facts sufficient to show that defen *605 dants were deliberately indifferent to his head injury. See Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (to demonstrate deliberate indifference, the prisoner must show “a purposeful act or failure to respond to a prisoner’s pain or possible medical need” and “harm caused by the indifference”); Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004) (“Medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.”).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent, except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.