U.S. Court of Appeals for the Ninth Circuit, 2009

Mack v. Friedman

Mack v. Friedman
U.S. Court of Appeals for the Ninth Circuit · Decided December 14, 2009 · Alarcón, Tashima, Trott
356 F. App'x 981

Mack v. Friedman

Opinion of the Court

MEMORANDUMN **

Maurice Mack, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 alleging deliberate indifference to his serious medical needs in violation of the Eighth Amendment. 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.

The district court properly granted summary judgment because Mack failed to raise a triable issue as to whether defendants were deliberately indifferent to his wrist injury. See id. at 1057 (“Mere negligence in diagnosing or treating a medical condition, without more, does not violate a prisoner’s Eighth Amendment rights.”) (internal quotation marks and citations omitted).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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