The following excerpt is from Staten v. Gipson, Case No. 1:14-cv-00718-MJS (PC) (E.D. Cal. 2014):
medical standard of care, i.e., medical negligence, would not in and of itself constitute a federal rights violation. See Broughton v. Cutter Labs., 622 F.2d 458, 460 (9th Cir. 1980), citing Estelle, 429 U.S. at 105-06 (1976) (mere indifference, negligence, or medical malpractice will not support this cause of action).
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