Martin

Martin v. Alameida

Good Law
315 F. App'x 642
United States Court of Appeals for the Ninth CircuitMarch 2, 2009No. 07-16809California369 words

Opinion

Lead Opinion

MEMORANDUM **

O.Z. Martin, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to serious medical needs. We have jurisdiction pursuant to 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 to Doctors Tranquina, Obedoza, Rallos and Tan because Martin failed to raise a genuine issue of material fact as to whether it was medically unacceptable for the doctors not to administer drug therapy or request a liver biopsy. See Jackson v. McIntosh, 90 F.3d 330, 332 (1996) (explaining that a difference of opinion regarding medical treatment does not amount to deliberate indifference, and to prevail on such a claim the prisoner would have to show the course of treatment chosen was medically unacceptable).

*643 The district court properly granted summary judgment to Nurses Cassey and Croll because Martin failed to raise a genuine issue of material fact as to whether these defendants ignored, delayed, or interfered with his requests for medical treatment by granting Martin’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.