Kevin Bryant v. Seleaina Thomas

MEMORANDUM

California state prisoner Kevin Darnell Bryant appeals pro se from the district court’s summary judgment and dismissal order 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) (summary judgment); Starr v. Baca, 652 F.3d 1202, 1205 (9th Cir. 2011) (dismissal under Federal Rule of Civil Procedure 12(b)(6)). We affirm.

The district court properly granted summary judgment for defendant Thomas because Bryant failed to raise a genuine dispute of material fact as to whether Thomas was deliberately indifferent to his joint pain and other medical needs. See Toguchi, 391 F.3d at 1060 (deliberate indifference is a high legal standard; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference).

The district court properly dismissed Bryant’s deliberate indifference claims against defendants Levin, Scribner, Edwards, Vrooman, and Sepulveda because Bryant failed to allege facts sufficient to state a claim for deliberate indifference to his…