U.S. Court of Appeals for the Ninth Circuit, 2010

Marc Dawson v. S. Latham

Marc Dawson v. S. Latham
U.S. Court of Appeals for the Ninth Circuit · Decided October 29, 2010 · O'Scannlain, Tallman, Bea
402 F. App'x 216

Marc Dawson v. S. Latham

Opinion

MEMORANDUM **

Marc Charles Dawson, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his 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.

The district court properly granted summary judgment because Dawson failed to raise a triable issue as to whether defendants’ treatment of his symptoms after he was inadvertently administered one dose of unknown medication constituted deliberate indifference. See id. at 1057-60 (a prison official acts with deliberate indifference only if he knows of and disregards an excessive risk to inmate health, and a difference of opinion concerning the appropriate course of treatment generally does not amount to deliberate indifference); Hallelt v. Morgan, 296 F.3d 732, 746 (9th Cir. 2002) (where a prisoner is alleging that delay of medical treatment evinces deliberate indifference, he must show that the delay led to further injury).

Dawson’s remaining contentions are unpersuasive.

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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