Shawn Flynn v. James Dzurenda

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 22 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SHAWN FLYNN, No. 22-16995 Plaintiff-Appellant, D.C. No. 2:19-cv-00213-MMD-CLB v. JAMES DZURENDA; et al., MEMORANDUM* Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, Chief District Judge, Presiding Submitted August 20, 2025** San Francisco, California Before: CHRISTEN, BRESS, and VANDYKE, Circuit Judges.

Shawn Flynn, formerly a Nevada state prisoner, appeals from the district court’s order granting summary judgment in favor of defendants in a 42 U.S.C. § 1983 action alleging Eighth Amendment and state law claims against Nevada Department of Corrections officials. We have jurisdiction under 28 U.S.C. § 1291.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

We review the grant of summary judgment de novo, Weiner v. San Diego Cnty., 210 F.3d 1025, 1028 (9th Cir. 2000), and we affirm.1 To prevail on an Eighth Amendment deliberate indifference claim, a plaintiff must show on an objective basis “the existence of a serious medical need,” and that the defendant officials subjectively “kn[ew] of and disregard[ed] an excessive risk to inmate health and safety.” Colwell v. Bannister, 763 F.3d 1060, 1066 (9th Cir. 2014) (quoting Toguchi v. Chung, 391 F.3d 1051, 1057 (9th Cir. 2004)). The plaintiff must also show that there was “harm caused by the indifference” alleged.

Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006).

The district court properly granted summary judgment to the defendants because Flynn has not shown that defendants were the cause of any harm Flynn suffered. In particular, Flynn supplied no evidence that any of his alleged medical harms were caused by defendants’ delay in providing him treatment for Hepatitis C.

To the extent Flynn would seek to fill this evidentiary gap through his own testimony, that testimony could not substitute for medical evidence demonstrating a causal relationship. Because Flynn cannot demonstrate that defendants were the cause of any harm he suffered, he cannot sustain an Eighth Amendment claim against them.2 See id. AFFIRMED.