Case Information
*1 Before: SCHROEDER and RAWLINSON, Circuit Judges, and DRAIN, [**] District Judge.
*2
Appellant John Doe (Doe) appeals the district court’s grant of summary judgment in favor of Sempervirens Mental Health Facility (Sempervirens), Dr. Asha George, and Dr. Chris Starets-Foote (Appellees) in Doe’s 42 U.S.C. § 1983 action alleging deliberate indifference to his Second Amendment rights. [1] We review de novo . See United States Small Bus. Admin. v. Bensal , 853 F.3d 992, 996 (9th Cir. 2017). We have jurisdiction under 28 U.S.C. § 1291 and affirm.
The district court properly granted summary judgment in Appellees’ favor because Doe failed to raise a genuine dispute of material fact as to whether Appellees were deliberately indifferent in correcting the reporting error that prevented issuance of a gun permit. See Kirkpatrick v. Cty. of Washoe , 843 F.3d 784, 794 (9th Cir. 2016) (en banc) (observing that deliberate indifference occurs if a constitutional violation is “patently obvious” and a “highly predictable consequence” of the municipal actor’s conduct) (quoting Connick v. Thompson , 563 U.S. 51, 63 (2011)). At bottom, the action complained of was the result of failure to completely adhere to a very technical administrative process complicated by an intervening change in the governing law. This situation does not rise to the level of deliberate indifference. See id.
*3 As Doe conceded, Appellees ultimately rectified the reporting error, alleviating any constitutional injury. See Bauer v. Becerra , 858 F.3d 1216, 1220- 21 (9th Cir. 2017) (examining burden on Second Amendment right to determine whether the plaintiff suffered a constitutional injury). Absent a constitutional injury, no liability ensues under § 1983. See Yousefian v. Cty. of Glendale , 779 F.3d 1010, 1014-16 (9th Cir. 2015).
AFFIRMED.
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. * * The Honorable Gershwin A. Drain, United States District Judge for the Eastern District of Michigan, sitting by designation.
[1] The Second Amendment provides that “[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” U.S. Const. amend. II.