Elawyers Elawyers
Ohio| Change

Michael Ellis v. Corizon Incorporated, 18-17015 (2019)

Court: Court of Appeals for the Ninth Circuit Number: 18-17015 Visitors: 16
Filed: Dec. 13, 2019
Latest Update: Mar. 03, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 13 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL ELLIS, No. 18-17015 Plaintiff-Appellant, D.C. No. 2:17-cv-00536-SPL v. MEMORANDUM* CORIZON INCORPORATED, Defendant-Appellee, and KAREN BARCKLAY; et al., Defendants. Appeal from the United States District Court for the District of Arizona Steven Paul Logan, District Judge, Presiding Submitted December 11, 2019** Before: WALLACE, CANBY, and TASHIMA, Circuit
More
                           NOT FOR PUBLICATION                           FILED
                    UNITED STATES COURT OF APPEALS                       DEC 13 2019
                                                                      MOLLY C. DWYER, CLERK
                                                                       U.S. COURT OF APPEALS
                           FOR THE NINTH CIRCUIT

MICHAEL ELLIS,                                  No.    18-17015

                Plaintiff-Appellant,            D.C. No. 2:17-cv-00536-SPL

 v.
                                                MEMORANDUM*
CORIZON INCORPORATED,

                Defendant-Appellee,

and

KAREN BARCKLAY; et al.,

                Defendants.

                   Appeal from the United States District Court
                            for the District of Arizona
                   Steven Paul Logan, District Judge, Presiding

                          Submitted December 11, 2019**

Before:      WALLACE, CANBY, and TASHIMA, Circuit Judges.

      Arizona state prisoner Michael Ellis appeals pro se from the district court’s



      *
             This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
      **
             The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference

in the treatment of his skin condition. We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo. Toguchi v. Chung, 
391 F.3d 1051
, 1057-60 (9th Cir.

2004) (summary judgment); Resnick v. Hayes, 
213 F.3d 443
, 447 (9th Cir. 2000)

(dismissal under 28 U.S.C. § 1915A). We affirm.

      The district court properly dismissed Ellis’s claims against defendants

Barclay-Dodson, Devon, Myers, and Johnson because Ellis failed to allege facts

sufficient to state a plausible claim. See 
Toguchi, 391 F.3d at 1057-60
(deliberate

indifference is a high legal standard; medical malpractice, negligence, or a

difference of opinion concerning the course of treatment does not amount to

deliberate indifference); see also Hebbe v. Pliler, 
627 F.3d 338
, 341-42 (9th Cir.

2010) (although pro se pleadings are construed liberally, a plaintiff must present

factual allegations sufficient to state a plausible claim for relief).

      The district court properly granted summary judgment on Ellis’s deliberate

indifference claim against defendant Corizon Inc. because Ellis failed to establish a

genuine dispute of material fact as to whether any policy or custom of Corizon Inc.

caused him to suffer a constitutional injury. See Castro v. County of Los Angeles,

833 F.3d 1060
, 1073-76 (9th Cir. 2016) (en banc) (discussing requirements to

establish liability under Monell v. Department of Social Services, 
436 U.S. 658
(1978)); Tsao v. Desert Palace, Inc., 
698 F.3d 1128
, 1139 (9th Cir. 2012) (a


                                            2                                   18-17015
private entity is liable under 42 U.S.C. § 1983 only if the entity acted under color

of state law and the constitutional violation was caused by the entity’s official

policy or custom).

      AFFIRMED.




                                          3                                    18-17015

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer