Martin

Martin v. Alameida

Good Law
315 F. App'x 644
United States Court of Appeals for the Ninth CircuitMarch 2, 2009No. 07-16831California330 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. § 1988 action alleging deliberate indifference to his serious medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 *645 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment to Doctors Tranquina and Thor because Martin failed to raise a genuine issue of material fact as to whether reconstructive ear surgery was medically necessary. See Franklin v. State of Oregon, 662 F.2d 1337, 1344 (9th Cir.1981) (“A difference of opinion between the physician and the prisoner concerning the appropriate course of treatment does not amount to deliberate indifference to serious medical needs.”).

The district court properly granted summary judgment to defendants Alameida and Carey because Martin did not raise a genuine issue of material fact as to whether these defendants failed to properly train and supervise Doctors Tranquina and Thor. See Canell v. Lightner, 143 F.3d 1210, 1213-14 (9th Cir.1998) (holding that in order to prevail on a claim that supervisors failed…

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