Bryant Keith Brown v. Do Williams, M.d.

16-16847Court of Appeals for the Ninth CircuitJul 18, 2017

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRYANT KEITH BROWN,
Plaintiff-Appellant,
v.
DO WILLIAMS, M.D.,
Defendant-Appellee.
No. 16-16847
D.C. No. 5:15-cv-02040-NC
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Nathanael M. Cousins, Magistrate Judge, Presiding**
Submitted July 11, 2017***
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
California state prisoner Bryant Keith Brown 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 Ninth Circuit Rule 36-3.
** The parties consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUL 18 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-16847
§ 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 Brown failed
to raise a genuine dispute of material fact as to whether defendant acted with
deliberate indifference by denying Brown’s requests for alternative restraints. See
id. at 1058-60 (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).
AFFIRMED.

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