Bryant Brown v. Do Williams

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 18 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BRYANT KEITH BROWN, No. 16-16847 Plaintiff-Appellant, D.C. No. 5:15-cv-02040-NC v. MEMORANDUM* DO WILLIAMS, M.D., Defendant-Appellee. 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). § 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. 2 16-16847