Anthony Herbert v. Walter Lovell

MEMORANDUM

Anthony G. Herbert, a former King County pretrial detainee, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious mental health needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir.2011), and we may affirm on any ground supported by the record, Enlow v. Salem-Keizer Yellow Cab Co., Inc., 389 F.3d 802, 811 (9th Cir.2004). We affirm.

The district court properly granted summary judgment to defendants Lovell and Jackson because Herbert failed to raise a genuine dispute of material fact as to whether these defendants were deliberately indifferent to Herbert’s serious mental health needs. See Toguchi v. Chung, 391 F.3d 1051, 1057-60 (9th Cir.2004) (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to inmate health; neither a mere difference of opinion concerning the course of treatment nor negligence in diagnosing or treating a medical condition amounts to deliberate indifference); see also Clouthier v. County of Contra Costa, 591 F.3d 1232,…