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

Steve Percelle v. Alan Rosenthal

Steve Percelle v. Alan Rosenthal
U.S. Court of Appeals for the Ninth Circuit · Decided November 22, 2010 · Tashima, Berzon, Clifton
406 F. App'x 108

Steve Percelle v. Alan Rosenthal

Opinion

*109 MEMORANDUM **

California state prisoner Steven D. Percebe 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 pursuant to 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 Percebe did not raise a genuine issue of material fact as to whether the defendants knew of and disregarded an excessive risk to him while treating his neurological condition. See id. at 1057-58 (a prison official acts with deliberate indifference only if he knows of and disregards an excessive risk to an inmate’s health and safety, and a difference of opinion about the best course of medical treatment does not amount to deliberate indifference).

Percelle’s remaining contentions are unpersuasive.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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