Joseph Gilbert v. James Yates

MEMORANDUM

California state prisoner Joseph Gilbert appeals from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging defendants were deliberately indifferent to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under 28 U.S.C. §§ 1915A or 1915(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Gilbert’s action because Gilbert failed to allege facts in his first amended complaint suggesting that defendants acted with deliberate indifference. See Wilhelm v. Rotman, 680 F.3d 1113, 1122-23 (9th Cir.2012) (difference of medical opinion is insufficient to establish deliberate indifference); Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir.2004) (“Deliberate indifference is a high legal standard. A showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.”); Redman v. Cnty. of San Diego, 942 F.2d 1435, 1446 (9th Cir.1991) (en banc) (supervisory liability exists…