Diaz v. Oregon Department of Corrections

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 14 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ENRIQUE ZACARIAS DIAZ, No. 23-3695 D.C. No. 2:22-cv-00826-YY Plaintiff - Appellant, v. MEMORANDUM* OREGON DEPARTMENT OF CORRECTIONS, Health Services; Nurse WILLIAMS, Defendants - Appellees. Appeal from the United States District Court for the District of Oregon Karin J. Immergut, District Judge, Presiding Submitted August 19, 2025** Before: SILVERMAN, HURWITZ, and BADE, Circuit Judges. Oregon state prisoner Enrique Zacarias Diaz 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. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). § 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 because Diaz failed to raise a genuine dispute of material fact as to whether Williams was deliberately indifferent in responding to Diaz’s episode of low blood glucose. See id. at 1057- 58 (explaining that a defendant is deliberately indifferent only if the defendant knows of and disregards an excessive risk to inmate health and safety, and that to prevail on a claim involving alternative choices of treatment, the plaintiff must show that the chosen treatment was medically unacceptable under the circumstances). AFFIRMED. 2 23-3695