412 F. App'x 936

Clarence DAVIS, Plaintiff-Appellant, v. Carman SUTLEY, Dentist, Defendant-Appellee.

No. 09-55545.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 10, 2011.*

Filed Jan. 25, 2011.

*937Clarence Daws, Blythe, CA, pro se.

Elizabeth Angres, Esquire, Deputy Attorney General, Office of the California Attorney General, Los Angeles, CA, for Defendant-Appellee.

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

MEMORANDUM **

Clarence Davis, 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 in connection with his dental treatment. 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 for defendant because Davis failed to raise a genuine issue of material fact as to whether defendant was deliberately indifferent in treating his dental pain. See id. at 1057. A difference in medical opinion about the preferred course of medical treatment does not constitute an Eighth Amendment violation. See id. at 1059-60; see also Franklin v. State of Or., State Welfare Div., 662 F.2d 1337, 1344 (9th Cir.1981) (“A difference of opinion between a prisoner-patient and prison medical authorities regarding treatment does not give rise to a [section] 1983 claim.”). Moreover, a “showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.” Toguchi, 391 F.3d at 1060.

Davis’s remaining contentions are unpersuasive.

AFFIRMED.

Davis v. Sutley
412 F. App'x 936

Case Details

Name
Davis v. Sutley
Decision Date
Jan 25, 2011
Citations

412 F. App'x 936

Jurisdiction
United States

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