Jaffe

Joseph Whitaker v. Jaffe

Good Law
579 F. App'x 613
United States Court of Appeals for the Ninth CircuitJune 18, 201413-15547California245 words

Opinion

Opinion

MEMORANDUM

California state prisoner Joseph Whitaker appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1988 action alleging that defendants were deliberately indifferent to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly granted summary judgment to Dr. Warfield because Whitaker failed to raise a genuine dispute of material fact as to whether Warfield was deliberately indifferent in her treatment of Whitaker’s mental health issues. See id. at 1057-58 (a prison official acts with deliberate indifference only if she knows of and disregards an excessive risk to the prisoner’s health and safety); see also Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir.2011) (requirements for supervisory liability for deliberate indifference); Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (a difference of opinion as to the need to pursue one course of treatment over another is not actionable under the Eighth Amendment).

We reject Whitaker’s contentions concerning his attempts to exhaust…

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