Alvin Ross v. William McGuinness

MEMORANDUM

California state prisoner Avin R. Ross 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 re view de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Ross’s deliberate indifference claims because Ross failed to raise a genuine dispute of material fact as to whether defendants knew of and consciously disregarded his serious medical needs related to his shoulder injury and pain. See id. at 1057-58, 1060 (deliberate indifference is a high legal standard; mistakes, negligence, or malpractice by medical professionals are not sufficient to constitute deliberate indifference, nor is an inmate’s difference of opinion with the physician regarding the appropriate course of treatment).

To the extent that Ross contended that defendant McGuinness violated Ross’s constitutional rights in reviewing and responding to Ross’s grievance about his medical care, the district court properly granted summary judgment because such allegations cannot give rise to a…