Reyes v. Sayre
Opinion of the Court
MEMORANDUM
California state prisoner Gabriel Ralph Reyes appeals pro se from the district court’s summary 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 de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We affirm in part, reverse in part, and remand.
The district court properly granted summary judgment to defendants Torrance, Walker, and Sayre because Reyes failed to raise a genuine dispute of material fact as to whether these defendants were aware of and disregarded Reyes’ risk of withdrawal. See id. at 1058 (to be deliberately indifferent, treatment must be medically unacceptable under the circumstances and chosen in conscious disregard of an excessive risk to a prisoner’s health).
However, as to defendant Williams, Reyes submitted evidence showing that he asked Williams about suffering from drug withdrawal and requested to have his medication tapered or be given some other
The parties shall bear their own costs on appeal,
AFFIRMED in part, REVERSED in part, and REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3,
Reference
- Full Case Name
- Gabriel Ralph REYES v. Michael C. SAYRE, M.D.
- Status
- Published