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Fred Jay Jackson v. Robert Bowman

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 24, 2011

FRED JAY JACKSON, PLAINTIFF - APPELLANT,
v.
ROBERT BOWMAN, ET AL., DEFENDANTS - APPELLEES.

Appeal from the United States District Court for the Northern District of California Saundra B. Armstrong, District Judge, Presiding D.C. No. 4:07-cv-00961-SBA

FILED

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

Submitted January 10, 2011*fn2

Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.

Fred Jay Jackson, a California state prisoner, 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 in violation of the Eighth Amendment.

We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm.

The district court properly granted summary judgment because Jackson failed to raise a genuine issue of material fact as to whether defendants were deliberately indifferent in treating his broken finger. See id. at 1057. A difference in opinion about the preferred course of medical treatment does not constitute an Eighth Amendment violation. Id. at 1059-60. Moreover, a "showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment." Id. at 1060.

The district court did not abuse its discretion by denying further discovery because Jackson did not show how allowing him additional discovery would have precluded summary judgment. See Margolis v. Ryan, 140 F.3d 850, 853-54 (9th Cir. 1998).

Jackson's remaining contentions are unpersuasive. Jackson's request for judicial notice is denied. AFFIRMED.


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