U.S. Court of Appeals for the Ninth Circuit, 2014

Joseph Matthews v. Lahey

Joseph Matthews v. Lahey
U.S. Court of Appeals for the Ninth Circuit · Decided February 28, 2014 · Alarcón, O'Scannlain, Fernandez
559 F. App'x 622

Joseph Matthews v. Lahey

Opinion

MEMORANDUM **

Joseph B. Matthews, 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 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), and we affirm.

The district court properly granted summary judgment because Matthews failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to his right clavicle fracture. See id. at 1057-60 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to a prisoner’s health and safety; negligence and a mere difference in medical opinion are insufficient); see also Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir. 2011) (discussing the requirements for establishing supervisory liability).

*623 Matthews’ contention that he did not receive proper notice of the requirements to oppose summary judgment is 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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