U.S. Court of Appeals for the Ninth Circuit, 2011

Jimmie Smith v. J. Fitter

Jimmie Smith v. J. Fitter
U.S. Court of Appeals for the Ninth Circuit · Decided January 7, 2011 · Goodwin, Wallace, Thomas
409 F. App'x 137

Jimmie Smith v. J. Fitter

Opinion

MEMORANDUM **

California state prisoner Jimmie A. Smith 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 under 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 Smith did not raise a genuine issue of material fact as to whether the defendants knew of and disregarded any excessive risks to him. 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); Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990) (“mere malpractice, or even gross negligence, does not suffice”).

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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