Elonza Tyler v. R. Davis

MEMORANDUM

Elonza Jesse Tyler, a California state prisoner, appeals pro se from the district court’s judgment after a jury verdict for defendant Smith and summary judgment for the remaining defendants in his 42 U.S.C. § 1983 action alleging deliberate indifference to his 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); Littlejohn v. United States, 321 F.3d 915, 919 (9th Cir.2003) (application of collateral estoppel). We affirm.

The district court properly granted summary judgment for defendants Davis, Jackman, and Mendoza-Powers on Tyler’s Eighth Amendment claim regarding postoperative care for his knee because Tyler did not raise a genuine dispute of material fact as to whether those defendants were deliberately indifferent to his medical needs. See Toguchi, 391 F.3d at 1057-58 (prison officials act with deliberate indif ference only if they know of and disregard an excessive risk to an inmate’s health and safety; a difference of medical opinion about the best course of medical treatment does not amount to deliberate indifference); Taylor v. List, 880 F.2d 1040, 1045 (9th…