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GRIFFIN II v. K. Martin; et al., Defendants. (2021)

United States Court of Appeals, Ninth Circuit.2021-04-22No. No. 19-17521

Summary

Holding. The appellate court affirmed the district court's summary judgment against Griffin's deliberate indifference claim and the dismissal of his retaliation claim, finding that he failed to establish a genuine dispute of material fact regarding whether the defendants knew of and disregarded an excessive risk to his health, and that his retaliation allegations were legally insufficient.

Charles E. Griffin II, a California state prisoner, appealed a district court's grant of summary judgment dismissing his civil rights lawsuit alleging that prison officials showed deliberate indifference to his serious medical conditions, including osteoarthritis and chronic hip and back pain. The appellate court reviewed the district court's decisions de novo and found no genuine disputes of material fact that would support Griffin's claims against the named defendants. The court determined that differences in medical opinion about treatment approaches do not constitute deliberate indifference under the law, and that Griffin's retaliation claim lacked sufficient factual allegations to state a viable legal claim.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether prison officials displayed deliberate indifference to serious medical needs in treating osteoarthritis and chronic pain
  • Whether medical disagreement constitutes deliberate indifference
  • Whether a retaliation claim contained sufficient factual allegations
  • Whether the district judge demonstrated bias or failed to conduct proper appellate review

Procedural posture

Griffin appealed pro se from the district court's summary judgment and dismissal in his § 1983 civil rights action.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

California state prisoner Charles E. Griffin II appeals pro se from the district courts 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, 1057-60 (9th Cir. 2004) (summary judgment); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A). We affirm.

The district court properly granted summary judgment on Griffins deliberate indifference claim against defendants Do-Williams, Williams, Adams, Saipher, and Malakkla because Griffin failed to raise a genuine dispute of material fact as to whether these defendants knew of and disregarded an excessive risk to his health in the treatment of his osteoarthritis and chronic hip and back pain. See Toguchi, 391 F.3d at 1057-60 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to inmate health; a difference of opinion concerning the course of treatment does not amount to deliberate indifference).

The district court properly dismissed Griffins retaliation claim alleged in the second amended complaint because Griffin failed to allege facts sufficient to state a plausible claim. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief); Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005) (setting forth elements of a retaliation claim in the prison context).

We reject as without merit Griffins contention that the district judge was biased or failed to conduct a de novo review of the magistrate judges Findings & Recommendations.

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.