Perry

MEMORANDUM

Barry Simon Jameson, a 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). We affirm.

The district court properly granted summary judgment because Jameson failed to raise a genuine dispute of material fact as to whether the defendant physicians were deliberately indifferent to the injuries and pain that Jameson suffered following a prison riot. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (a prison official acts with deliberate indifference only if “the official knows of an disregards an excessive risk to inmate health”); Toguchi, 391 F.3d at 1058-60 (9th Cir.2004) (deliberate indifference is a high legal standard, and a mere difference in opinion concerning the course of treatment is insufficient).

The district court’s decision to exclude a portion of the Merck Manual concerning boxer’s fractures, although erroneous, was not prejudicial. See Sea-Land, Serv., Inc. v. Lozen Int’l, LLC, 285…