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United States Court of Appeals, Ninth Circuit.

Charles Wayne MARIETTA, Plaintiff-Appellant, v. Leanne LOBUE, Nurse Practitioner; et al., Defendants-Appellees.

No. 20-15234

Decided: June 25, 2021

Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges. Charles Wayne Marietta, Pro Se Vail C. Cloar, Dickinson Wright PLLC, Phoenix, AZ, for Defendants-Appellees


Charles Wayne Marietta 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 Cir. 2004). We affirm.

The district court properly granted summary judgment for defendants LoBue and Erno because Marietta failed to raise a genuine dispute of material fact as to whether these defendants were deliberately indifferent in the treatment of Marietta's renal stenosis or other serious health conditions. See id. at 1057-60 (deliberate indifference is a high legal standard; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference); Hallett v. Morgan, 296 F.3d 732, 746 (9th Cir. 2002) (a prisoner alleging deliberate indifference based on delay in treatment must show that the delay caused significant harm); see also Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir. 2011) (requirements for establishing supervisory liability).

Summary judgment for defendant Correct Care Solutions (“CCS”) was proper because Marietta failed to raise a genuine dispute of material fact as to whether CCS caused Marietta to suffer constitutional injuries under any potentially applicable standard. See Castro v. County of Los Angeles, 833 F.3d 1060, 1073-76 (9th Cir. 2016) (en banc) (discussing requirements to establish liability under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)); Tsao v. Desert Palace, Inc., 698 F.3d 1128, 1139 (9th Cir. 2012) (a private entity is liable under § 1983 only if the entity acted under color of state law and a constitutional violation was caused by the entity's official policy or custom); Starr, 652 F.3d at 1207-08.

We reject as without merit Marietta's contention that the district court erred by ordering defendants to produce documents concerning the medical care Marietta received after he filed the operative complaint.


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