History
  • No items yet
midpage
Dennis Mize v. S. Tseng
703 F. App'x 547
| 9th Cir. | 2017
|
Check Treatment
|
Docket

*1 Before: CANBY, TROTT, and GRABER, Circuit Judges.

California state prisoner Dennis Wayne Mize appeals pro se from the district court’s judgment dismissing 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 a dismissal on the basis of qualified immunity.

*2 Nelson v. Heiss , 271 F.3d 891, 893 (9th Cir. 2001). We affirm.

The district court properly dismissed Mize’s Eighth Amendment claim on the basis of qualified immunity because defendants’ conduct did not violate clearly established law. See Pearson v. Callahan , 555 U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right); Hope v. Pelzer , 536 U.S. 730, 739 (2002) (“For a constitutional right to be clearly established, its contours must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” (citation and internal quotation marks omitted)).

Mize’s request for appointment of counsel, set forth in his opening brief, is denied.

AFFIRMED.

2 16-17074

[*] 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). Mize’s request for oral argument, set forth in his opening brief, is denied.

Case Details

Case Name: Dennis Mize v. S. Tseng
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Nov 20, 2017
Citation: 703 F. App'x 547
Docket Number: 16-17074
Court Abbreviation: 9th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.