Nyles Watson v. Gary Swarthout

MEMORANDUM

California state prisoner Nyles Lawayne Watson appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs, retaliation and violations under the Americans with Disabilities Act (“ADA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001) (summary judgment); Nelson v. Heiss, 271 F.3d 891, 893 (9th Cir.2001) (dismissal). We affirm.

The district court properly granted summary judgment on Watson’s Eighth Amendment claims because Watson failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to his degenerative disc disease. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (setting forth elements of a claim for deliberate indifference); Berry v. Bunnell, 39 F.3d 1056, 1057 (9th Cir.1994) (per curiam) (to establish deliberate indifference based on a delay in medical treatment, plaintiff must show the delay itself caused harm); Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir.1989) (a difference of opinion about the best course of medical treatment does…