Spicer

Spicer v. Terhune

Good Law
57 F. App'x 732
United States Court of Appeals for the Ninth CircuitJanuary 21, 2003No. 02-16298; D.C. No. CV-00-05020-RECCalifornia241 words

Opinion

Lead Opinion

MEMORANDUM **

Former California state prisoner Richard Spicer, a.k.a. Alexis Bell, appeals pro se the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that a prison doctor denied him adequate medical care when he stopped prescribing female hormones in connection with his gender identity disorder. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Hutchinson v. United States, 838 F.2d 390, 392 (9th Cir.1988), and we affirm.

Because appellant provided only his own lay opinion regarding appropriate medical treatment, and failed to provide any com *733 petent evidence that defendant’s response to his gain of 29 pounds in six weeks was deficient, the district court properly granted summary judgment. See Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (concluding that a difference of opinion between an inmate and physician regarding treatment does not amount to deliberate indifference).

Furthermore, the district court properly granted summary judgment on appellant’s state law negligence claim because appellant failed to produce controverting expert evidence to show defendant’s alleged negligence was the proximate cause of the injuries…

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