Amadeo Sanchez v. State of Nevada

Good Law
582 F. App'x 728
United States Court of Appeals for the Ninth CircuitJuly 7, 201412-17194California256 words

Opinion

Opinion

MEMORANDUM

Nevada state prisoner Amadeo Sanchez 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 Sanchez failed to raise a genuine dispute of material fact as to whether defendants knew that Sanchez faced a substantial risk of serious harm to his health arising from his Hepatitis C condition, and consciously disregarded such a risk. See Farmer v. Brennan, 511 U.S. 825, 835, 842 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (a prison official acts with deliberate indifference only if “he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it”); Toguchi, 391 F.3d at 1058 (difference of opinion between a prisoner and medical authorities regarding the course of treatment does not constitute deliberate indifference; rather, the prisoner must establish that the chosen course of treatment “was medically unacceptable…

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