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Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 13 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL ELLIS, No. 18-17015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
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 13 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL ELLIS, No. 18-17015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 ..
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NOT FOR PUBLICATION FILED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