Neven

George Dunlap, Jr. v. Neven

Good Law
505 F. App'x 671
United States Court of Appeals for the Ninth CircuitJanuary 18, 201312-15593California408 words

Opinion

Opinion

MEMORANDUM

Nevada state prisoner George Tyrone Dunlap, Jr., appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1988 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 891 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on Dunlap’s claim alleging deliberate indifference to his medical and dental needs because Dunlap failed to raise a genuine dispute of material fact as to whether defendants knew of and disregarded an excessive risk to Dunlap’s health. See Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.2006) (to establish deliberate indifference based on a delay in treatment, a prisoner must show that the delay resulted in further significant injury or the wanton infliction of pain); Toguchi, 391 F.3d at 1057-58 (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to an inmate’s health and safety; a prisoner’s difference of opinion concerning the course of treatment does not amount to deliberate indifference).

The district court properly granted summary judgment on Dunlap’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.