U.S. Court of Appeals for the Ninth Circuit, 2017

David Arenberg v. Jen Fontaine

David Arenberg v. Jen Fontaine
U.S. Court of Appeals for the Ninth Circuit · Decided April 24, 2017 · Gould, Clifton, Hurwitz
689 F. App'x 869

David Arenberg v. Jen Fontaine

Opinion

MEMORANDUM **

Former Arizona state prisoner David Arenberg 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 for defendant Tariq because Arenberg failed to raise a genuine dispute of material fact as to whether Tar-iq was deliberately indifferent to Aren-berg’s rashes. See id. at 1057-60 (deliberate indifference is a high legal standard; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference).

To the extent Arenberg contends that he alleged a separate First Amendment retaliation claim, we reject this contention as unsupported by the record.

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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