Opinion
No. 18-35784
05-30-2019
BRAD PATRICK DONOHUE, Plaintiff-Appellant, v. VARGO; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 2:16-cv-00788-MC MEMORANDUM Appeal from the United States District Court for the District of Oregon
Michael J. McShane, District Judge, Presiding Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Former Oregon state prisoner Brad Patrick Donohue 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 Donohue failed to raise a genuine dispute of material fact as to whether defendants acted in conscious disregard to Donohue's shoulder injuries or that any delay in Donohue's treatment resulted in significant injury. See id. at 1057-60 (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to inmate health; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference); Hallett v. Morgan, 296 F.3d 732, 746 (9th Cir. 2002) (deliberate indifference claim based on delay of medical treatment must show that the delay led to significant injury).
AFFIRMED.