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

Gerry Johns v. J. Zamora

Gerry Johns v. J. Zamora
U.S. Court of Appeals for the Ninth Circuit · Decided November 1, 2017 · Leavy, Watford, Friedland
700 F. App'x 733

Gerry Johns v. J. Zamora

Opinion

MEMORANDUM **

Gerry Johns, 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). We affirm.

The district court properly granted summary judgment because Johns failed to raise a genuine dispute of material fact as to whether defendant Zamora was deliberately indifferent in treating Johns’ forearm injury. 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 to establish deliberate indifference); Hallett v. Morgan, 296 F.3d 732, 746 (9th Cir. 2002) (prisoner alleging deliberate indifference based on delay in treatment must show that delay led to further injury).

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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