Brian Gray v. Isidro Baca ( 2022 )

NOT FOR PUBLICATION FILED
FEB 25 2022
UNITED STATES COURT OF APPEALS
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRIAN KEVIN GRAY, No. 20-17337
Plaintiff-Appellant, D.C. No. 3:16-cv-00716-MMD-CLB
v.
MEMORANDUM*
ISIDRO BACA, Warden; BRIAN WARD;
ROMEO ARANAS; T. WICKHAM, true
name: Theresa Wickham; MARKS, Doctor;
true name: Dana Marks; JENNIFER, Last
name unknown; CANDI BROCKAWAY,
true name: Candice Brockway; true name:
Candis Rambur,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Submitted February 15, 2022**
Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.
Nevada state prisoner Brian Kevin Gray 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 because Gray failed
to raise a genuine dispute of material fact as to whether defendants unreasonably
delayed in providing him with essential medications or ignored his medical
symptoms. See id. at 1057-60 (holding that deliberate indifference is a “high legal
standard” requiring a defendant be aware of and disregard an excessive risk to an
inmate’s health; medical malpractice or negligence does not amount to deliberate
indifference); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (holding that
liability under § 1983 requires a showing of personal participation in the alleged
rights deprivation).
AFFIRMED.
2 20-17337