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529 F. App'x 858

Darryl Goldstein v. Saylor

U.S. Courts of Appeals

Decided June 20, 2013

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U.S. Courts of Appeals · decided 2013-06-20

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Toguchi v. Soon Hwang Chung · Jackson v. McIntosh

Decided 2013-06-20

¶1 MEMORANDUM …

¶2 Darryl Lee Goldstein, 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), and we affirm.

¶3 The district court properly granted summary judgment because Goldstein failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to his foot pain and condition. See id. at 1060 (“Deliberate indifference is a high legal standard. A showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.”); Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (to establish that a difference of opinion amounted to deliberate indifference, a prioner must show that the defendants’ chosen course of treatment was medically unacceptable and in conscious disregard of an excessive risk to the prisoner’s health).

¶4 AFFIRMED.

…

¶5 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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