Free Mandate of 9th Circuit - District Court of Arizona - Arizona

UNITED STATES COURT OF APPEALS-
U FOR THE NINTH CIRCUIT
ALLEN P. BRANCO, No. 06-15780 1
. D.C. No. CV-04-00593-SMM
Plaintiff- Appellant, `
V.
· . JUDGMENT
CORRECTIONS CORPORATION OF
AMERICA, sued in it individual & .
official capacity; et al., -
Defendants - Appellees. · .
Appeal from the United States District Court for the District of Arizona -
(Phoenix). l
This cause came on to.be heard on the Transcript ofthe Record from the
United States District Court for the District of Arizona (Phoenix) and was duly
submitted. y (
On consideration whereoi it is now here ordered and adjudged by this .
Court, that the judgment of the said District Court in this cause be_, and hereby is
AFFIRMED. _
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Filed and entered 04/23/07 éi’2°§*i“§€“l;§§,F§5$@¤L o
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Case 2:04—cv—00593—SI\/II\/I—GEE Document 145 Filed 05/22/2007 Page 1 of 4

~ ,. »~\ FILED
`P
\
Nor Pon PUBLICATION APR 23 2007
UNITED STATES COURT OF APPEALS °ATU¥-“lf€¤?=`?§P??P°¥¤?%ERK
FOR THE NINTH CIRCUIT `
ALLEN P. BRANCO, No. 06-15780
Plaintiff — Appellant, D.C. No. CV-04-0O593—SMM
v. - l
MEMORANDUM° . .
CORRECTIONS CORPORATION OF -
AMERICA; et al., - I `
Defendants - Appellees.
Appeal from the United States District Court l [ .
- for the District of Arizona
Stephen M. McNamee, District Judge, Presiding
submitted April 16, 2007 **
Before: O’SCANNLAfN, GRABER, and BEA, Circuit Judges.
Hawaii state prisoner Allen P. Branco appeals pro se from the district - _
` court’s summary judgment in his 42 U.S.C. § 1983 action alleging prison officials ·
used excessive force against him and acted with deliberate indifference to his
serious medical needs while he was an inmate in an Arizona prison. We have A
* This disposition is not appropriate for publication and is not
l precedent except as provided by 9th Cir. R. 36-3. I _
Q The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Case 2:04—ov—00593—SI\/II\/I—GEE Document 145 Filed 05/22/2007 Page 2 of 4 . -

‘ jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s grant
of summary judgment, T oguchi v. Chung, 391 F.3d 1051, _1056 (9th Cir. 2004),
and we affirm.
Branco first contends that prison officials used excessive force against him _
in violation of the Eighth Amendment when a guard allowed a security gate to
j close upon his ankle. The district court properly granted summary judgment for
the defendants because the record shows no evidence of the prison officials’ if jj
deliberate indifference to Branco’s safety. See Farmer v. Brennan, 511 U.S. 825,
837 (1994). I
Branco also contends that prison medical staff failed to provide him with
adequate medical care following his injury and that there existed a conspiracy to `
deny him medical care. Summary judgment on these claims was proper because
the record shows no evidence of a conspiracy, see Hart v. Parks, 450 F.3d 1059,
1069 (9th Cir. 2006), and shows that Branco was provided with adequate medical 4
care, see Franklin v. Oregon, 662 F .2d 1337, 1344 (9th Cir; 1991). At most, the
record shows a difference of opinion between Branco and his treating physicians
about the best course of medical treatment, which does not constitute an Eighth ·
Amendment violation. See Sanchez v. Vi/d, 891 F.2d 240, 242 (9th Cir. 1989).
1 ‘ All pending motions are denied as moot. o
2
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AFFIRMED. ‘ I . I
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