NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 30 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SAMUEL ANTHONY ACINELLI, Jr., No. 15-56955
Plaintiff-Appellant, D.C. No. 5:13-cv-00381-AB-PLA
v.
BLACKMON, Lt. Supervisor of Work MEMORANDUM*
Assignments, individual capacity and
official capacity,
Defendant-Appellee.
Appeal from the United States District Court
for the Central District of California
Andre Birotte, Jr., District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Samuel Anthony Acinelli, Jr., a California state prisoner, appeals pro se
from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
deliberate indifference to his serious medical needs arising from his work
*
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).
assignment. 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 because Acinelli
failed to raise a genuine dispute of material fact as to whether defendant Lt.
Blackmon was deliberately indifferent to Acinelli’s health by not removing
Acinelli from his work assignment. See id. at 1057 (a prison official acts with
deliberate indifference only if he or she knows of and disregards an excessive risk
to the prisoner’s health); Berry v. Bunnell, 39 F.3d 1056, 1057 (9th Cir. 1994)
(“[T]he Eighth Amendment does not apply [to prison labor conditions] unless
prisoners are compelled to perform physical labor which is beyond their strength,
endangers their lives or health, or causes undue pain.”).
AFFIRMED.
2 15-56955