Tyshon Harmon v. Richard Mack

MEMORANDUM

California state prisoner Tyshon Maleke Harmon 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). We affirm.

The district court properly granted summary judgment for defendants Mack, Pa-jong, Pompan, and Sevier because Harmon failed to raise a genuine dispute of material fact as to whether these defendants were deliberately indifferent in treating his knee pain. See id. at 1060 (“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.”); see also Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.2006) (deliberate indifference requires “a purposeful act or failure to respond to a prisoner’s pain or possible medical need”).

The district court did not abuse its discretion by dismissing Harmon’s deliberate indifference claims against the remaining defendants for failure to effect timely service under Fed.R.Civ.P. 4(m) because Harmon…