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David Arenberg v. Jen Fontaine
689 F. App'x 869
| 9th Cir. | 2017
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*1 Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

Former Arizona state prisoner David Arenberg 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 *2 Cir. 2004). We affirm.

The district court properly granted summary judgment for defendant Tariq because Arenberg failed to raise a genuine dispute of material fact as to whether Tariq was deliberately indifferent to Arenberg’s rashes. See id. at 1057-60 (deliberate indifference is a high legal standard; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference).

To the extent Arenberg contends that he alleged a separate First Amendment retaliation claim, we reject this contention as unsupported by the record.

AFFIRMED.

2 16-15419

[*] 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).

Case Details

Case Name: David Arenberg v. Jen Fontaine
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Apr 24, 2017
Citation: 689 F. App'x 869
Docket Number: 16-15419
Court Abbreviation: 9th Cir.
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