History
  • No items yet
midpage
Freddy Torres v. Michael Sayre
684 F. App'x 634
| 9th Cir. | 2017
|
Check Treatment
|
Docket

*1 Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.

Freddy Moreno Torres, 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 *2 Cir. 2004), and we affirm.

The district court properly granted summary judgment because Torres failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent in treating his chronic pain and the 2013 injury to his left arm. See id. at 1057-60 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health; negligence and a mere difference in medical opinion are insufficient to establish deliberate indifference); see also Estelle v. Gamble , 429 U.S. 97, 107 (1976) (“A medical decision not to order an X-ray, or like measures, does not represent cruel and unusual punishment.”).

AFFIRMED.

2 16-15760

[*] 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: Freddy Torres v. Michael Sayre
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Mar 21, 2017
Citation: 684 F. App'x 634
Docket Number: 16-15760
Court Abbreviation: 9th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.