Does a difference in opinion regarding medical treatment between prison and prison medical authorities rise to the level of a claim under section 1983 of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from Clewis v. California Prison Health Care Servs., No. CIV S-09-2120 JAM GGH P (E.D. Cal. 2012):
at 107-108, 97 S. Ct. 285 (a plaintiff has not shown deliberate indifference as a matter of law when a defendant makes a medical judgment choosing one course of treatment over another); Mayfield v. Craven, 433 F.2d 873, 874 (9th Cir. 1970) (difference of opinion regarding medical treatment between prisoner and prison medical authorities does not rise to the level of a claim under 1983).
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