Clifford Jackson v. Monterey County Jail ( 2010 )

FILED
NOT FOR PUBLICATION DEC 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CLIFFORD L. JACKSON, No. 09-16618
Plaintiff - Appellant, D.C. No. 3:07-cv-01202-MMC
v.
MEMORANDUM *
MONTEREY COUNTY JAIL; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Maxine M. Chesney, District Judge, Presiding
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
California state prisoner Clifford L. Jackson appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging unconstitutional
conditions of confinement arising from asbestos exposure. We have jurisdiction
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
under 28 U.S.C. § 1291. We review de novo dismissal for failure to state a claim.
Cousins v. Lockyer, 568 F.3d 1063, 1067 (9th Cir. 2009). We affirm.
The district court properly dismissed Jackson’s 42 U.S.C. § 1983 claims
against all defendants because Jackson failed adequately to allege physical injury
and thus his claim for damages was barred under the Prison Litigation Reform Act.
See 42 U.S.C. § 1997(e)(e); see also Oliver v. Keller, 289 F.3d 623, 625-28 (9th
Cir. 2002) (the physical injury requirement applies to pre-trial detention claims and
requires more than de minimis physical injury).
We do not consider Jackson’s contentions regarding judicial bias because
they were not raised in his opening brief. See Brown v. Cal. Dep’t of Corr., 554
F.3d 747, 752 n.3 (9th Cir. 2009) (issues not raised in the opening brief are
waived). We do not consider Jackson’s contentions related to the Comprehensive
Environmental Response Compensation and Liability Act and other claims not
raised before the district court. See Campbell v. Burt, 141 F.3d 927, 931 (9th Cir.
1998) (issues not raised before the district court are waived on appeal).
We have reviewed Jackson’s remaining contentions and find them
unpersuasive.
AFFIRMED.
2 09-16618