The following excerpt is from Allen v. Beard, Case No.: 3:16-cv-2713-MMA-KSC (S.D. Cal. 2019):
Colwell, 763 F.3d at 1066 (internal quotations, alterations, and citations omitted). Importantly, in order to establish that a defendant acted with deliberate indifference, a plaintiff must show more than misdiagnosis, medical malpractice, or even gross negligence. Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990). A finding "that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment. Medical
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