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Burgess v. Johnson

Citation: 314 F. App'x 33Docket: No. 07-15558

Court: Court of Appeals for the Ninth Circuit; October 21, 2008; Federal Appellate Court

Narrative Opinion Summary

In this case, a California state prisoner appealed the district court's summary judgment in favor of the defendants in a 42 U.S.C. § 1983 action, alleging deliberate indifference to his serious medical needs. The Ninth Circuit exercised jurisdiction under 28 U.S.C. § 1291 and reviewed the case de novo. The appellate court affirmed the district court's decision, confirming that medical misdiagnosis and differences in opinion do not constitute deliberate indifference under the Eighth Amendment, citing precedents such as McGuckin v. Smith and Sanchez v. Vild. The summary judgment was upheld for defendants Chisum, Bledsoe, Pugh, and Johnson because the appellant failed to establish a genuine issue of material fact concerning indifference to his medical needs or any resultant injury from treatment delays or denials. Additionally, the denial of the appellant's motion for appointment of counsel was not considered an abuse of discretion, as he did not show the required exceptional circumstances. The court's decision was affirmed, with the case not set as precedent per 9th Cir. R. 36-3.

Legal Issues Addressed

Appointment of Counsel in Civil Cases

Application: The court's denial of the motion for appointment of counsel was not an abuse of discretion because the plaintiff did not demonstrate exceptional circumstances.

Reasoning: The district court's denial of Burgess’s motion for appointment of counsel was deemed not an abuse of discretion, as he did not demonstrate the required exceptional circumstances per Agyeman v. Corr. Corp. of Am.

Deliberate Indifference under 42 U.S.C. § 1983

Application: The court ruled that evidence of medical misdiagnosis and differences in medical opinion do not constitute deliberate indifference to a prisoner's serious medical needs.

Reasoning: The district court correctly granted summary judgment to defendant Chisum, as evidence of medical misdiagnosis and differences in medical opinion do not establish deliberate indifference.

Differences in Medical Opinion

Application: The court found that differing opinions regarding treatment do not equate to deliberate indifference to medical needs.

Reasoning: Additionally, Sanchez v. Vild clarified that differing opinions regarding treatment do not equate to deliberate indifference.

Eighth Amendment Rights and Medical Negligence

Application: Negligence in diagnosing or treating a medical condition does not amount to a violation of the Eighth Amendment rights.

Reasoning: Citing McGuckin v. Smith, the court reinforced that negligence in diagnosing or treating a medical condition does not violate Eighth Amendment rights.

Summary Judgment in Absence of Material Fact

Application: Summary judgment was granted as the plaintiff failed to present a genuine issue of material fact regarding the disregard of a serious medical need.

Reasoning: Summary judgment was also appropriately granted to defendants Bledsoe, Pugh, and Johnson, as Burgess failed to present a genuine issue of material fact regarding their disregard of a serious medical need.