The following excerpt is from Merriman v. Ponder, No. 2:19-cv-1446 WBS CKD P (E.D. Cal. 2021):
Defendants also argue that plaintiff's remaining claim should be dismissed because plaintiff's claim amounts to a mere dispute between plaintiff and defendants as to what action should have been taken as to plaintiff's condition. However, nothing in plaintiff's complaint compels the conclusion that defendants' inaction and plaintiff's belief that he should have been put on "suicide watch" can be boiled down to a mere "dispute between a prisoner and prison officials over the necessity for or extent of medical treatment." Toguchi v. Chung, 391 F.3d at 1058. It can just as easily be inferred from plaintiff's allegations that defendants took no action because they did not care if plaintiff hurt himself.
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