Bob Savage v. Suzan Hubbard

MEMORANDUM

California state prisoner Bob Savage appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging federal and state law claims arising from being temporarily removed from a program under which meals were delivered to him and other inmates in their cells. We have jurisdiction under 28 U.S.C. § 1983 . 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 on Savage’s deliberate indifference claim because Savage failed to raise a genuine dispute of material fact as to whether defendants knew of and consciously disregarded a serious risk of harm to his health when a prison doctor authorized Savage’s temporary removal from the in-cell meal program. See Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (setting forth objective and subjective prongs of deliberate indifference claim); Toguchi, 391 F.3d at 1059-1060 (neither conduct rising to the level of negligence nor inmate’s difference of opinion with physician is sufficient to establish deliberate indifference).

The district court properly granted summary judgment on…