Siegfried Pedersen v. Steve Brunger

Good Law
519 F. App'x 497
United States Court of Appeals for the Ninth CircuitMay 21, 201312-35444California244 words

Opinion

Opinion

MEMORANDUM

Alaska state prisoner Siegfried Peder-sen appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate 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). We affirm.

The district court properly granted summary judgment because, even assuming Pedersen had a serious medical need, Ped-ersen failed to raise a genuine dispute of material fact as to whether defendants failed to respond adequately to his injured shoulder. See id. at 1058 (prison officials act with deliberate indifference only if they know of and disregard an excessive risk to inmate health); Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (to establish that a difference of opinion amounted to deliberate indifference, a prisoner must show that the defendants’ chosen course of treatment was medically unacceptable and in conscious disregard of an excessive risk to the prisoner’s health).

The district court did not abuse its discretion by denying the motion for reconsideration because Pedersen failed to establish any ground for such relief. See Sch.…

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