Is there a medical deliberate indifference claim?

MultiRegion, United States of America

The following excerpt is from Rojas v. KVSP, Case No. 1:18-cv-01095-LJO-JDP (E.D. Cal. 2019):

Plaintiff appears to raise a medical deliberate indifference claim. The government has an "obligation to provide medical care for those whom it is punishing by incarceration," and "deliberate indifference to serious medical needs of prisoners constitutes the 'unnecessary and wanton infliction of pain' proscribed by the Eighth Amendment." Estelle v. Gamble, 429 U.S. 97, 103-04 (1976) (internal citation omitted) (quoting Gregg v. Georgia, 428 U.S. 153, 173 (1976)). This indifference can be "manifested by prison doctors in their response to the prisoner's needs or by prison guards in intentionally denying or delaying access to medical care or intentionally interfering with the treatment once prescribed." Id. at 104-05 (footnotes omitted).

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