Anthony D. Figueroa, Petitioner-appellant, v. James Blodgett, Superintendent, Ronald Pryhorocki, et al.,respondents-appellees, 972 F.2d 1338 (9th Cir. 1992)

MEMORANDUM^** 

Anthony Figueroa is a federal prisoner incarcerated at the Washington State Penitentiary. He has appealed pro se from an order of the district court granting summary judgment of dismissal on motion of the defendants. We affirm for the reasons given by Magistrate Judge Hovis in his order of May 21, 1991.

The court rejected its concern that Figueroa might need the assistance of counsel. The court observed that the "plaintiff has continued to show an adequate ability to articulate his claims and has further exhibited his ability to follow legal procedure."

The plaintiff alleged that he was diabetic and sought care at the prison infirmary for an adverse insulin reaction. Pryhorocki, a registered nurse, was the only medical staff member on duty and was examining and treating other inmates suffering from severe pains at the time Figueroa arrived seeking medical care.

The nurse took appropriate tests, found no serious abnormality, and concluded that Figueroa's condition was not a medical emergency. Figueroa continued to argue and was cited for intentional interference with a staff member in the performance of his duties.

The plaintiff alleged that Pryhorocki and Blodgett, the prison superintendent, acted with deliberate indifference to Figueroa's serious medical needs. He showed no personal involvement by defendant Blodgett and the claim against that defendant was appropriately dismissed.

Dismissal of defendant Pryhorocki was also proper because no facts had been asserted that showed deliberate indifference by him.

The district court observed:

Challenges focused upon the quality and source of medical treatment do not reflect deliberate indifference. At most such allegations 'reflect a disagreement on the appropriate course of treatment'. Ferranti v. Moran, 618 F.2d 888 (1st Cir. 1980).

There was no merit to Figueroa's retaliation claim. His complaint contained only bare allegations. Compare Valandingham v. Bojorquez, 866 F.2d 1135, 1137 (9th Cir. 1989) (prisoner supported alleged facts with affidavits).

Furthermore, Pryhorocki's discipline of Figueroa was reasonably related to the prison's interest in ensuring that medical staff are available to provide routine care and respond to emergencies. Rizzo v. Dawson, 778 F.2d 527, 532 (9th Cir. 1985); Turner v. Safley, 482 U.S. 78, 89 (1986).

AFFIRMED.