Opinion
No. 17-15015
11-21-2017
GERALDINE KELLEY DARDEN, Plaintiff-Appellant, v. CHRISTOPHER L. DRISCOLL, as executor of the estate of Dr. Scott H. M. Driscoll, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 1:12-cv-01001-EPG MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Erica P. Grosjean, Magistrate Judge, Presiding Before: CANBY, TROTT, and GRABER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).
Geraldine Kelley Darden, a California state prisoner, appeals pro se from the district court's summary judgment in her 42 U.S.C. § 1983 action alleging deliberate indifference to her serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006). We affirm.
The district court properly granted summary judgment on Darden's Eighth Amendment claim because Darden failed to raise a genuine dispute of material fact as to whether Dr. Driscoll knew of and disregarded an excessive risk to her serious medical needs. See id. (to demonstrate deliberate indifference, the plaintiff must show "a purposeful act or failure to respond to a prisoner's pain or possible medical need and . . . harm caused by the indifference").
The district court did not abuse its discretion in considering the expert declarations of two doctors submitted by Dr. Driscoll in support of his motion for summary judgment. See Primiano v. Cook, 598 F.3d 558, 563, 566-67 (9th Cir. 2010) (setting forth standard of review and requirements for admitting expert testimony).
Darden's motions for appointment of an expert witness, to enforce the district court's order for subpoena duces tecum, and to supplement the record on appeal (Docket Entry Nos. 9, 14, 32) are denied.
AFFIRMED.