William R. Garrett v. James Gomez

59 F.3d 175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William R. GARRETT, Plaintiff-Appellant, v. James GOMEZ, et al., Defendants-Appellees. No. 94-16658. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 15, 1995. Decided June 20, 1995. Before: GOODWIN, FARRIS and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 We affirm the summary judgment. We do not reach the question of whether denying Ritalin to Garrett would have been deliberate indifference. Garrett's evidence that his physician could not provide him with Ritalin was not enough to establish a jury question. 3 Taking the evidence most favorably to Garrett, as we must to determine whether there is a genuine issue, Dr. Baker prescribed Lithium for his attention deficit disorder instead of Ritalin, and Dr. Baker told Mr. Garrett that he would have liked to prescribe Ritalin. Dr. Gross, Garrett's expert witness, testified that Ritalin is an "effective treatment in perhaps 50% of adults," but it…