Isabelle Collins, Plaintiff-appellant, v. State of Idaho; Pocatello Women's Correctional Center;bona Miller, Warden; Ann Mahaffey, Pwcc Staffnurse, Defendants-appellees, 131 F.3d 146 (9th Cir. 1997)

MEMORANDUM^* 

Isabelle Collins, an Idaho state prisoner, appeals pro se the district court's summary judgment for defendants in her 42 U.S.C. § 1983 alleging deliberate indifference to her medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. We review de novo the district court's grant of summary judgment. See Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir. 1993) (per curiam). We may affirm on any ground supported by the record. See United States v. Washington, 969 F.2d 752, 755 (9th Cir. 1992).

" [D]eliberate indifference to a prisoner's serious illness or injury states a cause of action under § 1983." Estelle v. Gamble, 429 U.S. 97, 105 (1976). "A serious medical need exists if the failure to treat a prisoner's condition could result in further significant injury or the unnecessary and wanton infliction of pain." Doty v. County of Lassen 37 F.3d 540, 546 (9th Cir. 1994) (citation and internal quotations omitted). When determining whether a medical need is "serious," the court should consider whether a reasonable doctor would think that the condition was worthy of comment, whether the condition significantly affects the prisoner's daily activities, and whether the condition is chronic and accompanied by substantial pain. See id. at n. 3

Here, it is undisputed that defendant Mahaffey gave Collins the wrong medication on January 19, 1996. The parties dispute whether Mahaffey made adequate inquiries to determine if the medication given to Collins was the correct medication and whether Mahaffey threatened Collins with disciplinary action when Collins refused to take the medication. Defendants submitted the affidavits of two medical professionals which stated that the only consequences Collins would have suffered from the wrong medication would be increased drowsiness and lethargy. Collins' only evidence that she experienced adverse consequences was the affidavit of a fellow inmate stating that Collins was introverted, tired, and depressed the day after she took the improper medication.

Upon our review of the record, we conclude that Collins did not establish a genuine issue of material fact that taking the improper medication gave rise to a serious medical need. Accordingly, the district court properly granted summary judgment for defendants. See Barnett, 31 F.3d at 815; McGuckin, 974 F.2d at 1060.

AFFIRMED.¹