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MIZZONI v. State of Nevada, Defendant. (2021)

United States Court of Appeals, Ninth Circuit.2021-01-27No. No. 19-16506

Summary

Holding. The court affirmed the district court's grant of summary judgment, finding that Mizzoni failed to raise a factual dispute showing that defendants were deliberately indifferent to his Hepatitis C treatment.

Joseph Mizzoni, a former Nevada state prisoner, sued under federal civil rights law claiming that prison officials showed deliberate indifference to his serious medical condition—specifically his Hepatitis C treatment. The district court granted summary judgment against him, finding no genuine factual dispute supporting his claim. The appellate court affirmed this decision, holding that Mizzoni failed to establish the high legal standard required for deliberate indifference.

The court explained that deliberate indifference requires proof that officials were aware of and consciously disregarded an excessive risk to the prisoner's health. Mere medical malpractice, negligence, or disagreement about treatment choices does not meet this standard. To overcome summary judgment based on a difference of medical opinion, a prisoner must demonstrate that the chosen treatment was medically unacceptable under the circumstances and that officials selected it while knowingly disregarding a serious health risk.

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

Key issues

  • Whether prison medical officials demonstrated deliberate indifference to serious medical needs
  • Whether difference of medical opinion constitutes deliberate indifference
  • Standard of proof required to overcome summary judgment in § 1983 medical indifference claims

Procedural posture

Mizzoni appealed pro se from the district court's summary judgment dismissing his § 1983 civil rights action alleging deliberate indifference to serious medical needs.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Former Nevada state prisoner Joseph L. Mizzoni 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. Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011) (cross-motions for summary judgment); May v. Baldwin, 109 F.3d 557, 560-61 (9th Cir. 1997) (district courts decision on qualified immunity). We affirm.

The district court properly granted summary judgment because Mizzoni failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent in treating Mizzonis Hepatitis C. See Toguchi v. Chung, 391 F.3d 1051, 1060-61 (9th Cir. 2004) (holding deliberate indifference is a “high legal standard” requiring a defendant be aware of and disregard an excessive risk to an inmates health; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference); Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1996) (for a difference of opinion to amount to deliberate indifference, the plaintiff “must show that the course of treatment the doctors chose was medically unacceptable under the circumstances” and “that they chose this course in conscious disregard of an excessive risk to [the prisoners] health” (internal citations omitted)).

AFFIRMED.