Clinton Spencer v. Jeffrey Sharp

MEMORANDUM

Clinton Lee Spencer, an Arizona state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference and negligence claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Spencer’s deliberate indifference claims because Spencer failed to raise a genuine dispute of material fact as to whether defendants knew of and disregarded an excessive risk to his vision and eye health, or whether defendants had any involvement in the alleged violations. See id. at 1057-58 (prison officials act with deliberate indifference only if they know of and disregard an excessive risk to an inmate’s health or safety; mere negligence or a difference of medical opinion is insufficient); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (“Liability under section 1983 arises only upon a showing of personal participation.... ”).

The district court properly granted summary judgment on Spencer’s negligence claims because defendants are immune under Arizona law. See Ariz.Rev.Stat. §…