Can counsel conduct conduct deemed to be constitutionally deficient in a medical opinion?
MultiRegion, United States of America
The following excerpt is from Beames v. Davis, Case No. 1:10-cv-01429-DAD-SAB (E.D. Cal. 2017):
conduct to be constitutionally deficient, see e.g., Toler v. Troutt, 2015 WL 1408490 at *9 (W.D. Okla., Feb. 20, 2015) (medical difference of opinion not actionable under the Eighth Amendment), or demonstrate that one expert or the other is unqualified, id.; cf. Jennings, 290 F.3d at 1013-14 (holding that counsel's failure to consult expert and investigate mental health defenses constituted deficient performance).
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