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Daniel Coston v. Majiad Rahimifar
20-17058
| 9th Cir. | Feb 22, 2022
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*2 Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.

California state prisoner Daniel Murphy Coston 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 for Dr. Rahimifar because Coston failed to raise a genuine issue of material fact as to whether Dr. Rahimifar was deliberately indifferent to Coston’s postoperative care. See id. at 1060-61 (deliberate indifference is a high legal standard and a showing of medical malpractice, negligence, or difference of opinion concerning the course of treatment is insufficient to establish a constitutional deprivation under the Eighth Amendment).

In his opening brief, Coston fails to challenge the district court’s grant of summary judgment for Dr. Ahmed, and he has therefore waived any such challenge. See Smith v. Marsh , 194 F.3d 1045, 1052 (9th Cir. 1999) (“[O]n appeal, argumen ts not raised by a party in its opening brief are deemed waived.”); Greenwood v. FAA , 28 F.3d 971, 977 (9th Cir. 1994) (“We will not manufacture arguments for an appellant . . . . ”).

AFFIRMED.

2 20-17058

Case Details

Case Name: Daniel Coston v. Majiad Rahimifar
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Feb 22, 2022
Docket Number: 20-17058
Court Abbreviation: 9th Cir.
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