Nathan Turner v. John Rohrer

MEMORANDUM

California state prisoner Nathan Kevin Turner 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 Turner faded to raise a genuine dispute of material fact as to whether defendant consciously disregarded a serious risk to Turner’s health related to his knee and shoulder injuries by failing to classify his medical needs as “urgent” or not pursuing a more aggressive course of treatment. See Farmer v. Brennan, 511 U.S. 825, 845, 847 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (a prison official acts with deliberate indifference 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 (prisoner’s difference of opinion with physician regarding course of treatment is not sufficient; rather, to show deliberate indifference, prisoner must establish that the chosen course of…