Hickman

Taek Sang Yoon v. Hickman

Good Law
171 F. App'x 541
United States Court of Appeals for the Ninth CircuitFebruary 24, 2006No. 05-55338California426 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Taek Sang Yoon appeals pro se the district court’s grant of summary judgment against him in his action brought under 42 U.S.C. § 1983 alleging that Dr. Hickman, a prison dentist, was deliberately indifferent to Yoon’s serious dental needs in violation of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291 . After de novo review, see Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004), we affirm.

Hickman saw Yoon nine times for his dental problems and offered Yoon dental treatment in the form of medication, salt rinses, releases from prison education programs to brush his teeth, and extraction of those teeth that could not be saved. The fact that Yoon disagreed with the recommended extractions indicates a difference of opinion and not deliberate indifference by Hickman. See Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir.1989). The delays in treatment do not amount to an Eighth Amendment violation. See Shopley v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir.1985). Moreover, any delays in treatment were, in part, attributable to Yoon’s refusal to show up for five scheduled appointments with Hickman. Because Yoon has…

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