From Casetext: Smarter Legal Research

Roberts v. State of Nevada, ex Rel.

United States District Court, D. Nevada
Dec 29, 2010
2:10-CV-00255-PMP-PAL (D. Nev. Dec. 29, 2010)

Opinion

2:10-CV-00255-PMP-PAL.

December 29, 2010


ORDER


Before the Court for consideration is Defendants' fully briefed Motion for Summary Judgment (Doc. #15). Having read and considered the foregoing, the Court finds that Defendants' Motion for Summary Judgment should be granted.

Specifically, the record before the Court reveals no genuine issue of material fact disputing that Plaintiff received extensive, continuous and competent medical care while incarcerated at Southern Desert Correctional Center. As a result, Plaintiff's claim under the Eighth Amendment of deliberate indifference must fail because he cannot show Defendants intentionally denied, delayed or interfered with medical treatment or failed to respond to his medical needs. Moreover, Plaintiff's complaint that he should have been transferred to another prison facility to complete his sentence is, in view of this Court, irrelevant to his claim of deliberate indifference.

Additionally, the Court finds no genuine issue of material fact remains with regard to Plaintiff's claim of retaliation. In particular, Plaintiff has failed to demonstrate any error in the calculation of his date for eligibility for parole. The record before the Court further establishes that Plaintiff Roberts actually violated SDCC Operational Procedures 801 thereby subjecting himself to the disciplinary charges brought against him.

Finally, Plaintiff fails to oppose Defendants argument that they are insulated from liability from all claims under the doctrine of qualified immunity. Conceding this final point, Plaintiff consequently consents to the granting of Defendants' Motion for Summary Judgment in its totality.

IT IS THEREFORE ORDERED that Defendants' Motion for Summary Judgment (Doc. #15) is GRANTED, and the Clerk of Court shall forthwith enter judgment in favor of Defendants and against Plaintiff Ken Roberts on all claims in this case.

DATED: December 29, 2010.


Summaries of

Roberts v. State of Nevada, ex Rel.

United States District Court, D. Nevada
Dec 29, 2010
2:10-CV-00255-PMP-PAL (D. Nev. Dec. 29, 2010)
Case details for

Roberts v. State of Nevada, ex Rel.

Case Details

Full title:KEN ROBERTS, Plaintiff, v. STATE OF NEVADA, ex rel., et al., Defendants

Court:United States District Court, D. Nevada

Date published: Dec 29, 2010

Citations

2:10-CV-00255-PMP-PAL (D. Nev. Dec. 29, 2010)