JUAN ESPINOZA V. AHMED, No. 15-15689 (9th Cir. 2016)

Annotate this Case

Download PDF

FILED MAR 04 2016 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JUAN ESPINOZA, No. 15-15689 Plaintiff - Appellant, D.C. No. 3:13-cv-05047-JST v. MEMORANDUM* ZAHED AHMED, Defendant - Appellee. Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding Submitted February 24, 2016** Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges. California state prisoner Juan Espinoza 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. * 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). § 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 Espinoza failed to raise a genuine dispute of material fact as to whether defendant Dr. Ahmed was deliberately indifferent to Espinoza’s hemorrhoid condition. See id. at 1057-60 (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). Espinoza’s request for this court to investigate whether defendant prescribed stool softeners, set forth in his opening brief, is denied. AFFIRMED. 2 15-15689

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.