United States v. 2020-06-10 | 19-16322 | CLIFFORD THOMAS V. K. KAUR | nonprecedential | memorandum disposition |

19-16322United States Court Of Appeals For The 9th Circuit10 juin 2020

Texte intégral

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CLIFFORD BRENT THOMAS,

Plaintiff-Appellant,

v.

K. KAUR; LADAN HASHEMI,

Defendants-Appellees.

No. 19-16322

D.C. No. 2:16-cv-02784-JAM-EFB

MEMORANDUM
*

Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding

Submitted June 2, 2020
**

Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.

California state prisoner Clifford Brent Thomas 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. We have jurisdiction under 28
U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th

*
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

JUN 10 2020

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

2
19-16322

Cir. 2004). We affirm.
The district court properly granted summary judgment because Thomas
failed to raise a genuine dispute of material fact as to whether defendants were
deliberately indifferent to his suspected seizure disorder. See id. at 1057-60 (a
prison official is deliberately indifferent 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); Leer v. Murphy, 844 F.2d
628, 633 (9th Cir. 1988) (“The inquiry into causation [under § 1983] must be
individualized and focus on the duties and responsibilities of each individual
defendant whose acts or omissions are alleged to have caused a constitutional
deprivation.”).
We do not consider documents not presented to the district court. See
United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990).
AFFIRMED.

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