Ronald David Rossi v. Nevada Department of Corrections;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RONALD DAVID ROSSI,
Plaintiff - Appellant,
v.
NEVADA DEPARTMENT OF
CORRECTIONS; et al.,
Defendants - Appellees.
No. 08-17065
D.C. No. 2:07-cv-00219-LDG-RJJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Lloyd D. George, District Judge, Presiding
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Ronald David Rossi, a Nevada state prisoner, appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging defendants
violated the Eighth Amendment by acting with deliberate indifference to his
FILED
AUG 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-17065 2
medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
Sanchez v. Vild, 891 F.2d 240, 241-42 (9th Cir. 1989). We affirm.
Rossi claimed that the defendants were deliberately indifferent because he
did not receive surgery to repair his inguinal hernia. The district court properly
granted summary judgment on Rossi’s claim against the individual defendants
because he did not raise a genuine issue of material fact as to whether they
disregarded a serious risk to his health. See Farmer v. Brennan, 511 U.S. 825, 837
(1994) (setting forth deliberate indifference standard).
While this action was pending, Rossi had hernia surgery. As to Rossi’s
remaining damages claim against the Nevada Department of Corrections, it is
barred by the Eleventh Amendment. See Doe v. Lawrence Livermore Nat’l Lab.,
131 F.3d 836, 839 (9th Cir. 1997) (“States or governmental entities that are
considered arms of the State for Eleventh Amendment purposes are not persons
under § 1983”) (internal quotation marks omitted); Taylor v. List, 880 F.2d 1040
(9th Cir. 1989) (stating that the Nevada Department of Prisons is immune from suit
under the Eleventh Amendment).
Rossi’s remaining contentions are unpersuasive.
AFFIRMED.

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