The following excerpt is from Blakely v. Peterson, 20-35120 (9th Cir. 2021):
The district court properly granted summary judgment because Blakely failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to his medical needs, including his alleged need for a wheelchair. See Toguchi v. Chung, 391 F.3d 1051, 1057-60 (9th Cir. 2004) (a prison official is deliberately indifferent only if he or she knows of and disregards an excessive risk to inmate health; medical malpractice, negligence, or a difference of opinion concerning the course of treatment does not amount to deliberate indifference).
We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
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