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

Thomas Layden, IV v. Michael Hegmann

Thomas Layden, IV v. Michael Hegmann
U.S. Court of Appeals for the Ninth Circuit · Decided July 6, 2017 · Paez, Bea, Murguia
693 F. App'x 607

Thomas Layden, IV v. Michael Hegmann

Opinion

MEMORANDUM **

Arizona state prisoner Thomas Bartholomew Layden IV 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 Layden failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent in managing Layden’s pain. See id. at 1058-60 (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to an inmate’s health; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference).

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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