Cox
Cox v. Dupnik
Opinion
Lead Opinion
MEMORANDUM **
Lannie Stephen Cox, an Arizona state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs in violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and we affirm.
With respect to defendants Dupnik and Carmona, the district court properly granted summary judgment because Cox attempted to base their liability on a respondeat superior theory. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989). With respect to defendant Pima County Jail, the district court properly granted summary judgment because Cox failed to present evidence of a policy or custom which caused his alleged injuries. See Board of County Comm’rs v. Brown, 520 U.S. 397, 403-04 , 117 S.Ct. 1382 , 137 L.Ed.2d 626 (1997).
With respect to defendants Dexter and Slocum, the district court properly granted summary judgment because Cox demonstrated, at most, that defendants engaged in medical malpractice or that they had a different opinion about proper medical care for Cox.…