Apr 03, 2009
Ninth Circuit affirms summary judgment for Los Angeles County Sheriff Lee Baca in section 1983 deliberate indifference” case”

McCullock v. Los Angeles County Sheriff, Sheriff Baca (9th Cir. 2009) 320 Fed.Appx. 814 (Ninth Circuit Court of Appeals) [unpublished]. The Ninth Circuit affirmed summary judgment in favor of Los Angeles County Sheriff Lee Baca on plaintiff’s section 1983 claim, which alleged that plaintiff was denied constitutionally adequate medical treatment while jailed. Specifically, he claimed that Baca failed to treat him with insulin for his diabetes (although he was a Type II, non-insulin-dependent diabetic). The Ninth Circuit held that there was no triable issue of material fact as to whether plaintiff suffered any harm, or whether Sheriff Baca personally participated in any constitutional violation.