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WALLACE II v. Department of Corrections of Washington, Defendant. (2021)

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United States Court of Appeals, Ninth Circuit.

William James Mathew WALLACE II, Plaintiff-Appellant, v. Frank LONGANO, Dr - WCC; et al., Defendants-Appellees, Department of Corrections of Washington, Defendant.

No. 20-35670

Decided: February 23, 2021

Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges. William James Mathew Wallace, II, Pro Se Candie M. Dibble, Assistant Attorney General, Office of the Attorney General, Spokane, WA, for Defendants-Appellees


Former Washington state prisoner William James Mathew Wallace II appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 and Americans with Disabilities Act (“ADA”) action alleging deliberate indifference to his serious medical needs and disability discrimination. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's ruling on cross-motions for summary judgment. Hamby v. Hammond, 821 F.3d 1085, 1090 (9th Cir. 2016). We affirm.

The district court properly granted summary judgment for defendants because Wallace failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to his medical needs resulting from his pre-existing injury to his foot. See Toguchi v. Chung, 391 F.3d 1051, 1060-61 (9th Cir. 2004) (deliberate indifference is a high legal standard requiring a defendant be aware of and disregard an excessive risk to an inmate's health); Duvall v. County of Kitsap, 260 F.3d 1124, 1138-39 (9th Cir. 2001) (plaintiff must show deliberate indifference in order to demonstrate intentional discrimination under the ADA).


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