JOEL NUNEZ V. D. BRIGHT, No. 18-17082 (9th Cir. 2019)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 25 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JOEL CHAVEZ NUNEZ, Plaintiff-Appellant, No. U.S. COURT OF APPEALS 18-17082 D.C. No. 3:17-cv-02034-RS v. MEMORANDUM* D. BRIGHT, Prison Doctor; T. FRIEDERICHS, Prison Doctor, Defendants-Appellees. Appeal from the United States District Court for the Northern District of California Richard Seeborg, District Judge, Presiding Submitted September 18, 2019** Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges. California state prisoner Joel Chavez Nunez 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 and safety. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). (9th Cir. 2004). We affirm. The district court properly granted summary judgment because Nunez failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to Nunez’s medical problems, or knew of and disregarded an excessive risk to Nunez’s safety. See Farmer v. Brennan, 511 U.S. 825, 834, 837 (1994) (conditions of confinement claim requires showing that prisoner was subjected to a sufficiently serious deprivation and that defendants knew of and disregarded an excessive risk to prisoner’s health or safety); Toguchi, 391 F.3d at 1057-60 (negligence, medical malpractice, or a difference of opinion regarding the course of treatment are insufficient to establish deliberate indifference). AFFIRMED. 2 18-17082
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