U.S. Court of Appeals for the Ninth Circuit, 2016

Gilbert Colon v. Peterson

Gilbert Colon v. Peterson
U.S. Court of Appeals for the Ninth Circuit · Decided March 22, 2016 · Goodwin, Leavy, Christen
642 F. App'x 792

Gilbert Colon v. Peterson

Opinion

MEMORANDUM **

Gilbert F. Colon, 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 Colon failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent in treating Colon’s back condition. 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 the prisoner’s health; negligence and a mere difference in medical opinion are insufficient).

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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