Vincent Gaither v. M. Sepulveda

MEMORANDUM

California state prisoner Vincent Jerome Gaither 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 Gaither’s claim against Dr. Friederichs because Gaither failed to raise a genuine dispute of material fact as to whether Dr. Friederichs was deliberately indifferent to his urology-related complaints and his other serious medical conditions. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (“[A] prison official cannot be found liable under the Eighth Amendment ... unless the official knows of and disregards an excessive risk to inmate health[.]”); see also Toguchi, 391 F.3d at 1058 (a difference of opinion concerning the appropriate course of treatment does not amount to deliberate indifference to serious medical needs).

The district court properly granted summary judgment on Gaither’s claim against Dr. Sepulveda because Gaither failed to raise a…