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Gauthier v. Stiles

United States Court of Appeals, Ninth Circuit
Oct 29, 2010
402 F. App'x 203 (9th Cir. 2010)

Summary

affirming dismissal and holding plaintiffs disagreement with the dosage and type of pain medication administered after surgery was not deliberate indifference

Summary of this case from Braulick v. Rees

Opinion

No. 09-56096.

Submitted October 19, 2010.

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

Filed October 29, 2010.

Jeremy Gauthier, pro se.

Heidi Teresa Salerno, Esquire, Deputy Assistant Attorney General, California Department of Justice, Los Angeles, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Central District of California, S. James Otero, District Judge, Presiding. D.C. No. 5:08-cv-1488-SJO-RC.

Before: O'SCANNLAIN, TALLMAN, and BEA, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Jeremy Gauthier, a former California state prisoner, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs by various prison medical personnel. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Nelson v. Heiss, 271 F.3d 891, 893 (9th Cir. 2001), and we affirm.

The district court properly dismissed Gauthier's action because neither his dis-agreement with the dosage or type of pain medicine administered after his nose surgery, nor his dissatisfaction with the denial of prescription strength pain medicine for two days, constituted deliberate indifference to his serious medical needs. See Toguchi v. Chung, 391 F.3d 1051, 1058 (9th Cir. 2004) (difference in opinion between an inmate and medical personnel insufficient to constitute indifference to medical needs); Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998) (alleged delays in administering pain medication, without more, do not constitute deliberate indifference).

The district court also properly dismissed Gauthier's action with prejudice because the defects in his claim could not be cured by amendment. See McKesson HBOC v. New York State Common Ret. Fund, 339 F.3d 1087, 1090 (9th Cir. 2003).

Gauthier's remaining contentions are un-persuasive.

AFFIRMED.


Summaries of

Gauthier v. Stiles

United States Court of Appeals, Ninth Circuit
Oct 29, 2010
402 F. App'x 203 (9th Cir. 2010)

affirming dismissal and holding plaintiffs disagreement with the dosage and type of pain medication administered after surgery was not deliberate indifference

Summary of this case from Braulick v. Rees

affirming dismissal; plaintiff's disagreement with the dosage and type of pain medication administered after surgery not deliberate indifference

Summary of this case from Torres v. Patel

affirming dismissal since plaintiff's disagreement with the dosage and type of pain medication administered after surgery did not constitute deliberate indifference

Summary of this case from Sekerke v. Leon

affirming dismissal of plaintiff's disagreement with the dosage and type of pain medication administered after surgery as insufficient to show deliberate indifference

Summary of this case from Joseph v. Clayton

affirming dismissal; plaintiff's disagreement with the dosage and type of pain medication administered after surgery not deliberate indifference

Summary of this case from Flentoil v. Santa Clara Cnty. Dep't of Corr.

affirming district court's dismissal of prisoner's claim of deliberate indifference based on "disagreement with the dosage or type of pain medicine administered" and "denial of prescription strength pain medicine for two days"

Summary of this case from Williams v. Daszko

affirming dismissal; plaintiff's disagreement with the dosage and type of pain medication administered after surgery not deliberate indifference

Summary of this case from Miller v. Cal. Dep't of Corr. & Rehab.

affirming dismissal; plaintiff's disagreement with the dosage and type of pain medication administered after surgery not deliberate indifference

Summary of this case from Bacon v. Kumar
Case details for

Gauthier v. Stiles

Case Details

Full title:Jeremy GAUTHIER, Plaintiff-Appellant, v. John J. STILES, Does 1-7…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 29, 2010

Citations

402 F. App'x 203 (9th Cir. 2010)

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