Mendoza-Gauna
Mendoza-Gauna v. Corrections Corp. of America
Opinion
Lead Opinion
MEMORANDUM **
Jose Ramon Mendoza-Gauna, an Arizona state detainee, appeals pro se from the district court’s summary judgment in his diversity action alleging negligence and medical malpractice. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Sanchez v. Vild, 891 F.2d 240, 241-42 (9th Cir.1989). We affirm.
The district court properly determined that no reasonable jury could conclude that the defendant’s alleged negligence was the proximate cause of Mendoza-Gauna’s injuries. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986) (holding that the mere existence of a scintilla of evidence in support of the plaintiffs position is insufficient to create a triable issue); see also Gipson v. Kasey, 214 Ariz. 141 , 150 P.3d 228 , 230 n. 1 (2007) (stating that although causation is a factual matter, summary judgment may be appropriate if no reasonable juror could conclude that the damages were proximately caused by the defendant’s conduct).
The district court properly granted summary judgment on Mendoza-Gauna’s medical malpractice claim because he did not raise a triable issue as to whether his medical treatment deviated from the…