United States v. 2020-01-13 | 19-55093 | THOMAS BRISSETTE, SR. V. P. FINANDER | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

THOMAS FLOYD BRISSETTE, SR.,

Plaintiff-Appellant,

v.

P. FINANDER, M.D., M.B.A., C.C.H.P.
Chief Medical Executive; et al.,

Defendants-Appellees,

and

ATTY GEN J BROWN; et al.,

Defendants.

No. 19-55093

D.C. No. 2:13-cv-09284-JGB-PJW

MEMORANDUM
*

Appeal from the United States District Court
for the Central District of California
Jesus G. Bernal, District Judge, Presiding

Submitted January 8, 2020
**

Before: CALLAHAN, NGUYEN, and HURWITZ, Circuit Judges.

California state prisoner Thomas Brissette appeals pro se from the district

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED

JAN 13 2020

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

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court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate
indifference to his narcolepsy. 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 Dr. Winslow
because Brissette failed to raise a genuine dispute of material fact as to whether Dr.
Winslow was deliberately indifferent to Brissette’s narcolepsy. See id. at 1057 (a
prison official is deliberately indifferent only if he or she knows of and disregards
an excessive risk to inmate health).
The district court properly granted summary judgment for Drs. Finander,
Wu, and Lee because Brissette failed to exhaust his administrative remedies and
failed to raise a genuine dispute of material fact as to whether administrative
remedies were effectively unavailable. See Albino v. Baca, 747 F.3d 1162, 1168,
1172 (9th Cir. 2014) (en banc) (setting forth standard of review; explaining that
once the defendant has carried the burden to prove that there was an available
administrative remedy, the burden shifts to the prisoner to come forward with
evidence showing that there is something in his particular case that made the
existing and generally available administrative remedies effectively unavailable to
him).

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Brissette’s request for sanctions is denied.
AFFIRMED.