Byron Johnson v. R. Cox

U.S. Court of Appeals for the Ninth Circuit
Byron Johnson v. R. Cox, 456 F. App'x 700 (9th Cir. 2011)

Byron Johnson v. R. Cox

Opinion

MEMORANDUM **

Byron Eugene Johnson, 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 Johnson failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to his knee and leg problems. See id. at 1057-58 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health and safety; negligence and a mere difference in medical opinion are insufficient); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (“Liability under section 1983 arises only upon a showing of personal participation by the defendant.”).

Johnson’s remaining contentions are unpersuasive.

AFFIRMED.

**

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

Reference

Full Case Name
Byron Eugene JOHNSON, Plaintiff—Appellant, v. R. COX, M.D.; Et Al., Defendants—Appellees
Status
Unpublished