Ester Burnett v. Bruce Faecher

MEMORANDUM

Ester Burnett, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his back pain and related 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). We affirm.

The district court properly granted summary judgment on Burnett’s Eighth Amendment claims because Burnett did not raise a genuine dispute of material fact as to whether defendants’ decisions regarding Burnett’s medications were “medically unacceptable under the circumstances, and [were] chosen in conscious disregard of an excessive risk to [Burnett’s] health.” Id. at 1058 (citation and internal quotation marks omitted) (a difference in medical opinion does not rise to the level of deliberate indifference). Burnett also failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to his need for a particular bunk placement and to transfer to a different prison facility, or whether the requirement that inmates help identify potentially compatible cellmates violated his Eighth Amendment…