Bryant Brown v. Do Williams , 694 F. App'x 513 ( 2017 )

NOT FOR PUBLICATION FILED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