History
  • No items yet
midpage
Frank Pickle v. Kohut
20-35595
| 9th Cir. | Jul 30, 2021
|
Check Treatment
|
Docket
Case Information

*2 Before: FERNANDEZ, SILVERMAN, and N.R. SMITH, Circuit Judges.

Montana prisoner Frank Pickle appeals the district court’s grant of summary judgment in favor of the Montana Department of Corrections (“MDC”) officials in this action. We affirm.

The district court properly granted summary judgment for the MDC officials on Pickle’s deliberate indifference claims under the Eighth Amendment to the United States Constitution. See Estelle v. Gamble , 429 U.S. 97, 104, 97 S. Ct. 285, 291, 50 L. Ed. 2d 251 (1976); Toguchi v. Chung , 391 F.3d 1051, 1057 (9th Cir. 2004). The undisputed evidence shows that the MDC officials’ decisions regarding surgeries and medications were medically acceptable under the circumstances and not chosen in conscious disregard of a risk to his health. Pickle’s personal disagreement with those medical decisions does not amount to evidence of deliberate indifference. See Toguchi , 391 F.3d at 1058; Sanchez v. Vild , 891 F.2d 240, 242 (9th Cir. 1989).

The district court also properly granted summary judgment in favor of the MDC officials on Pickle’s access to the courts claim under the First Amendment to the United States Constitution. See Silva v. Di Vittorio , 658 F.3d 1090, 1101–02 (9th Cir. 2011), overruled on other grounds as stated by Richey v. Dahne 1202, 1209 n.6 (9th Cir. 2015); see also Lewis v. Casey , 518 U.S. 343, 348–49, *3 116 S. Ct. 2174, 2178–79, 135 L. Ed. 2d 606 (1996). The record lacks evidence indicating that any of the MDC officials’ alleged actions impeded Pickle’s ability to litigate this or any other action. See Dilley v. Gunn , 64 F.3d 1365, 1368 n.2 (9th Cir. 1995); see also Christopher v. Harbury , 536 U.S. 403, 413–14, 122 S. Ct. 2179, 2186, 153 L. Ed. 2d 413 (2002).

We decline to review Pickle’s sexual assault and harassment claims because he did not properly raise them in the district court. See Smith v. Marsh 1045, 1052 (9th Cir. 1999).

In light of our disposition, we deny Pickle’s pending motions.

AFFIRMED.

Case Details

Case Name: Frank Pickle v. Kohut
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jul 30, 2021
Docket Number: 20-35595
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.