Paul Ray v. M. Sepulveda
Opinion
Opinion
MEMORANDUM
Paul E. Ray, a former California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.
The district court properly granted summary judgment because Ray failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent in treating his biceps injury. See id. at 1060 (“Deliberate indifference is a high legal standard. A showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.”); Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (“[Wjhere a defendant has based his actions on a medical judgment that either of two alternative courses of treatment would be medically acceptable under the circumstances, plaintiff has failed to show deliberate indifference, as a matter of law.”); see also Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir.2011) (requirements for establishing supervisory liability).