Richard Anaya v. Rosanne Campbell

Good Law
504 F. App'x 612
United States Court of Appeals for the Ninth CircuitJanuary 16, 201311-17688California302 words

Opinion

Opinion

MEMORANDUM

California state prisoner Richard Ernest Anaya 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 Anaya’s deliberate indifference claims because Anaya failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent in treating his chronic knee injuries and rectal prolapse. See id. at 1060-61 (“Deliberate indifference is a high legal standard. A showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.”); Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (to establish that a difference of opinion amounted to deliberate indifference, a prisoner must show that the defendants’ chosen course of treatment was medically unacceptable and in conscious disregard of an excessive risk to the prisoner’s health).

The district court properly granted summary judgment on Anaya’s…

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