Lee v. Lamarque
Lee v. Lamarque
Opinion of the Court
MEMORANDUM
George Lee, a California state prisoner, appeals pro se the district court’s summary judgment for prison officials in his 42 U.S.C. § 1983 action alleging that prison medical officers were deliberately indifferent to his medical condition by denying him proper medical care for his serious back pain. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, United States v. City of Tacoma, 332 F.3d 574, 578 (9th Cir. 2003), and we affirm.
The district court properly granted summary judgment for defendants because Lee failed to raise a genuine issue of mate
At most, Lee raised an issue as to whether defendants’ actions constitute medical negligence, but this does not amount to a constitutional violation. See Estelle v. Gamble, 429 U.S. 97, 106-07, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) (“Medical malpractice does not become a constitutional violation merely because the victim is a prisoner.”). Moreover, “ ‘a difference of medical opinion’ as to the need to pursue one course of treatment over another [is] insufficient, as a matter of law, to establish deliberate indifference.” Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1996) (citation omitted).
Lee’s remaining contentions lack merit.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.