NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 7 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MATTHEW ALLEN WOODS, No. 20-15693
Plaintiff-Appellant, D.C. No. 3:18-cv-08255-DJH-ESW
v.
STEPHANIE HERRICK, NP; CORRECT MEMORANDUM*
CARE SOLUTIONS,
Defendants-Appellees.
and
SUMI ERNO,
Defendant.
Appeal from the United States District Court
for the District of Arizona
Diane H. Humetawa, District Judge, Presiding
Submitted June 21, 2021**
Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges.
Arizona state prisoner Matthew Allen Woods appeals pro se from the district
*
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).
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 on Woods’s
deliberate indifference claim against defendant Herrick because Woods failed to
raise a genuine dispute of material fact as to whether Herrick was deliberately
indifferent to Woods’s chronic psoriasis. 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).
The district court properly granted summary judgment on Woods’s
deliberate indifference claim against defendant Correct Care Solutions because
Woods failed to raise a genuine dispute of material fact as to whether any policy or
custom of Correct Care Solutions caused him to suffer a constitutional injury. See
Castro v. County of Los Angeles, 833 F.3d 1060, 1073-76 (9th Cir. 2016) (en banc)
(discussing requirements to establish liability under Monell v. Department of
Social Services, 436 U.S. 658 (1978)); Tsao v. Desert Palace, Inc., 698 F.3d 1128,
1139 (9th Cir. 2012) (a private entity is liable under 42 U.S.C. § 1983 only if the
entity acted under color of state law and the constitutional violation was caused by
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the entity’s official policy or custom).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Woods’s motion to compel production of medical records (Docket Entry No.
11) is denied.
AFFIRMED.
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