Country Stevens v. David Mar

Good Law
611 F. App'x 426
United States Court of Appeals for the Ninth CircuitJuly 30, 201513-16834California220 words

Opinion

Opinion

MEMORANDUM

Nevada state prisoner Country Joe Stevens 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 Stevens failed to raise a genuine dispute of material fact as to whether defendant Dr. Mar provided treatment that was medically unacceptable and was in conscious disregard to an excessive risk to Stevens’s health. See id. at 1058 (prison officials are deliberately indifferent only if they know of and disregard an excessive risk of serious harm to an inmate’s health, and a prisoner’s disagreement with medical opinion is not sufficient to constitute deliberate indifference); Hallett v. Morgan, 296 F.3d 732, 746 (9th Cir.2002) (when a prisoner alleges that delay of medical treatment evinces deliber ate indifference, he or she must show that the delay led to further injury).

We do not consider issues raised by Stevens in his opening brief that are not supported by argument. See…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.