Fausett

Fausett v. LeBlanc

Good Law
553 F. App'x 665
United States Court of Appeals for the Ninth CircuitJanuary 3, 2014No. 11-16022California451 words

Opinion

Lead Opinion

MEMORANDUM *

California state prisoner Michael Shaw Fausett appeals from the district court’s *667 order granting summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his post-surgical medical needs. 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.

Because the facts and circumstances of this case are well known to the parties and were fully aired during oral argument, we need not repeat them in detail here.

The district court properly granted summary judgment because Fausett failed to raise a genuine dispute of material fact as to whether defendants’ treatment of Fausett’s medical needs following his spinal fusion surgery constituted deliberate indifference. See id. at 1056-57 (prison officials act with deliberate indifference only if they know of and disregard an excessive risk to inmate health; a difference of opinion concerning the appropriate course of treatment does not amount to deliberate indifference). We note that although the prison physician’s orders did include a walker for use in-house and a wheelchair for movement across longer distances, neither…

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.