Harris v. Centurion of Arizona, LLC

Court of Appeals for the Ninth Circuit·Decided April 25, 2025·No. 23-1809·Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 25 2025 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DWOINE ANTONIO HARRIS, No. 23-1809 D.C. No. 4:21-cv-00547-RCC Plaintiff - Appellant,

v. MEMORANDUM*

CENTURION OF ARIZONA, LLC; UNKNOWN PARTY, named as Pima County Jail Medical Director Liaison; KEITH WILLIAMS, Dr., M.D., Centurion; KAREN SMITH, RN/LPN, Centurion,

Defendants - Appellees.

Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding

Submitted April 22, 2025** Before: GRABER, H.A. THOMAS, and JOHNSTONE, Circuit Judges.

Dwoine Antonio Harris appeals pro se from the district court’s summary

*

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).

judgment in his 42 U.S.C. § 1983 action alleging inadequate medical care while he was a pretrial detainee. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Desire, LLC v. Manna Textiles, Inc., 986 F.3d 1253, 1259 (9th Cir. 2021). We affirm.

The district court properly granted summary judgment for Centurion because Harris failed to raise a genuine dispute of material fact as to whether medical providers were deliberately indifferent in responding to his medical needs. See Gordon v. County of Orange, 888 F.3d 1118, 1124-25 (9th Cir. 2018) (setting forth objective deliberate indifference standard for Fourteenth Amendment inadequate medical care claims brought by pretrial detainees); see also Lockett v. County of Los Angeles, 977 F.3d 737, 741 (9th Cir. 2020) (explaining that a claim against an entity under Monell v. Department of Social Services, 436 U.S. 658 (1978), requires a plaintiff to show an underlying constitutional violation).

Harris’s motion for review (Docket Entry No. 8) is denied.

AFFIRMED.

2 23-1809

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Related

Monell v. New York City Dept. of Social Servs.
436 U.S. 658 (Supreme Court, 1978)
Mary Gordon v. County of Orange
888 F.3d 1118 (Ninth Circuit, 2018)
Sheldon Lockett v. County of Los Angeles
977 F.3d 737 (Ninth Circuit, 2020)
Desire, LLC v. Manna Textiles, Inc.
986 F.3d 1253 (Ninth Circuit, 2021)