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NOT FOR PUBLICATION FILED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