Michael Stringer v. Terri Jacobs

Good Law
585 F. App'x 372
United States Court of Appeals for the Ninth CircuitOctober 8, 201413-16825California343 words

Opinion

Opinion

MEMORANDUM

California state prisoner Michael Stringer 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 on Stringer’s claim against defendant Koehn because Stringer failed to raise a genuine dispute of material fact as to whether defendant Koehn consciously disregarded a serious risk to Stringer’s health in addressing his abdominal pain. 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 (to show deliberate indifference, prisoner must establish that the chosen course of treatment “was medically unacceptable under the circumstances” (citation and internal quotation marks omitted)); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242,…

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