Douglas Derello, Jr. v. Sanchez

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 19 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DOUGLAS WAYNE DERELLO, Jr., AKA No. 21-15243
Douglas Wayne Derello,
D.C. No. 2:18-cv-03575-MTL-JFM
Plaintiff-Appellant,
v. MEMORANDUM*
SANCHEZ, AKA Felicia Sanchez, Sgt.;
HARRIS, AKA Nathaniel Harris, Sgt.;
UNKNOWN PARTY, named as John Doe
(DW), Deputy Warden, SMI #1; JACKSON,
named as CO II Jackson; T. LEWIS, #12271,
Correctional Officer; IGWE, AKA Dorothy
Igwe, Nurse Practitioner at South Unit;
named as Dorothy Igwe,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Arizona
Michael T. Liburdi, District Judge, Presiding
Submitted April 11, 2022**
Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges.
*
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).
Arizona state prisoner Douglas Wayne Derello appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
retaliation and deliberate indifference to his serious medical needs. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391
F.3d 1051, 1056 (9th Cir. 2004). We affirm.
The district court properly granted summary judgment to defendant Igwe
because Derello failed to raise a genuine dispute of material fact as to whether
Igwe was deliberately indifferent to Derello’s gout. See id. at 1060-61 (deliberate
indifference is a high legal standard requiring a defendant be aware of and
disregard an excessive risk to an inmate’s health).
The district court properly granted summary judgment to defendant Harris
because Derello failed to raise a genuine dispute of material fact as to whether
Harris retaliated against Derello. See Rhodes v. Robinson, 408 F.3d 559, 567-68
(9th Cir. 2005) (elements of a retaliation claim in the prison context).
AFFIRMED.
2 21-15243