Bruce Allen v. Scott Kernan;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRUCE ALLEN,
Plaintiff-Appellant,
v.
SCOTT KERNAN; et al.,
Defendants-Appellees.
No. 20-56022
D.C. No.
2:18-cv-02586-AB-RAO
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
André Birotte, Jr., District Judge, Presiding
Submitted May 4, 2022 **
Before: FERNANDEZ, SILVERMAN, and N.R. SMITH, Circuit Judges
Bruce Allen appeals the district court’s order granting summary judgment in
favor of the defendants in his civil rights action alleging deliberate indifference to
serious medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291 and
FILED
MAY 4 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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review the grant of summary judgment de novo. Toguchi v. Chung, 391 F.3d
1051, 1056 (9th Cir. 2004). We affirm.
Summary judgment was proper for the defendants. There is no evidence that
the doctors knew of and disregarded an excessive risk to Allen’s health. See
Farmer v. Brennan, 511 U.S. 825, 837 (1994) (setting forth the deliberate
indifference standard). Allen’s bare allegations and unqualified lay medical
opinions do not refute the defendants’ admissible evidence that they consistently
and extensively treated his symptoms and that he was not exhibiting symptoms of
Valley Fever for 19 months before the diagnosis. See Scott v. Harris, 550 U.S.
372, 380 (2007) (an assertion that is “blatantly contradicted by the record, so that
no reasonable jury could believe it” will not create a genuine issue of material fact
at summary judgment). At most, Allen presents a difference of opinion between
himself and the doctors about the testing that should have been done for his
symptoms. Such a difference of opinion does not rise to the level of deliberate
indifference. Estelle v. Gamble, 429 U.S. 97, 107 (1976); Toguchi, 391 F.3d at
1058; Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir. 1989).
AFFIRMED.
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