Fernando Trejo, III v. John Wohler

MEMORANDUM

Fernando Arnulfo Trejo, III, an Arizona 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 Trejo failed to raise a genuine dispute of material fact as to whether Wohler was deliberately indifferent by changing Trejo’s medication, and then re-prescribing Trejo’s original medication six months later due to the side effects of the new medication. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (a prison official is deliberately indifferent only if he or she “knows of and disregards an excessive risk to inmate health”); Toguchi, 391 F.3d at 1058-60 (neither a difference of opinion concerning the course of treatment nor negligence in treating a medical condition amounts to deliberate indifference); Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (a plaintiff “must show that the course of treatment the doctor[ ] chose was…