United States Ninth Circuit

In a 1983 action brought by plaintiff-former prison inmate alleging deliberate indifference to his mental health needs, and violations of his right to freely exercise his religious beliefs and have access to the courts: 1) plaintiff's claims for injunctive and declaratory relief are mooted by his release from prison; 2) plaintiff's claim regarding inadequate medical care amounted to a difference of opinion as to his medical treatment, which was not actionable, so summary judgment on that claim is affirmed; 3) the district court's denial of appointment of counsel is affirmed, where plaintiff was unlikely to succeed on the merits, and could adequately present his claims pro se; but 4) the district court incorrectly dismissed plaintiff's religious freedom and access to the courts claims as unexhausted under the Prison Litigation Reform Act, because federal claims that arise as a cause of action prior to the filing of the initial complaint may be added to a complaint via an amendment, as long as they are administratively exhausted prior to the amendment.

Appellate Information

• Decided 01/14/2014
• Published 01/14/2014

Judges

• CALLAHAN

Court

• United States Ninth Circuit

Counsel