Fernandez v. David, et al, No. 08-15118 (9th Cir. 2010)
Annotate this Case
Download PDF
FILED OCT 12 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FRANK J. FERNANDEZ, Plaintiff - Appellant, No. 08-15118 D.C. No. Cv-06-00888-CRB v. MEMORANDUM * C. DAVID, M.D.; et al., Defendants - Appellees. Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Frank J. Fernandez, 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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 defendants on Fernandez s deliberate indifference claim because he failed to raise a genuine issue of material fact as to whether their treatment of his hemorrhoids and bacterial skin infection disregarded a substantial risk of serious harm. See Estelle v. Gamble, 429 U.S. 97, 105-06 (1976) (plaintiff must show that the defendants intentionally disregarded a serious medical need); Toguchi, 391 F.3d at 1058 (a difference of medical opinion concerning treatment does not amount to deliberate indifference). Fernandez s remaining contentions are unpersuasive. Fernandez s pending motion, filed on August 6, 2010, is denied. AFFIRMED. 2 08-15118
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
