Does plaintiff have to allege that his allergies are a serious medical condition within the meaning of the Eighth Amendment?

MultiRegion, United States of America

The following excerpt is from Edwards v. Hsieh, No. 2:13-cv-02113 DAD P (E.D. Cal. 2014):

In addition, plaintiff has not alleged facts demonstrating that his allergies constitute a serious medical condition within the meaning of the Eighth Amendment. A medical need is serious "if the failure to treat the prisoner's condition could result in further significant injury or the 'unnecessary and wanton infliction of pain.'" McGuckin, 974 F.2d at 1059 (quoting Estelle v. Gamble, 429 U.S. at 104). Indications of a serious medical need include "the presence of a medical condition that significantly affects an individual's daily activities." Id. at 1059-60. Therefore, in his amended complaint, plaintiff must also allege facts addressing this element of his Eighth Amendment claim.

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