Boles

Boles v. Hill

Good Law
324 F. App'x 594
United States Court of Appeals for the Ninth CircuitApril 27, 2009No. 07-35556California310 words

Opinion

Lead Opinion

MEMORANDUM **

Rickey N. Boles, an Oregon state prisoner, appeals pro se from the district court’s judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging delib *595 erate indifference to his serious 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.

Summary judgment was properly granted in favor of Superintendent Jean Hill because Boles failed to raise a genuine issue of material fact as to whether Hill was personally involved in his medical care. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989).

Summary judgment was properly granted in favor of the remaining defendants because, assuming a serious medical need, Boles failed to raise a genuine issue of material fact as to whether these defendants were deliberately indifferent to his pectoral muscle injury. See Toguchi, 391 F.3d at 1057-58 (explaining that prison officials must know of and disregard a substantial risk of serious harm for their conduct to constitute deliberate indifference, and that a difference of medical opinion concerning treatment does not amount to deliberate indifference).

The district…

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