What is the test for a pro se pleading in a civil rights case alleging inadequate medical care at a prison?

MultiRegion, United States of America

The following excerpt is from Remund v. Zamudio, Case No.: 16-cv-0426-JAH-AGS (S.D. Cal. 2017):

Pro se pleadings demand an especially charitable interpretation, but the court "may not supply essential elements of the claim that were not initially pled. Vague and conclusory allegations of official participation in civil rights violations are not sufficient to withstand a motion to dismiss." Ivey v. Bd. of Regents of the Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 1982) (citations omitted).

For inadequate medical care to reach constitutional dimensions, the prisoner must prove two elements: (1) "the existence of a serious medical need," that is, a condition that left untreated "'could result in further significant injury' or cause 'the unnecessary and wanton infliction of pain'"; and (2) the prison official's "deliberate indifference" to that need. Colwell v. Bannister, 763 F.3d 1060, 1066 (9th Cir. 2014) (citations omitted).

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