The following excerpt is from Averhart v. Madrigal, Case No. 1:12-cv-00632-AWI-SAB (E.D. Cal. 2014):
"'Mere negligence in diagnosing or treating a medical condition, without more, does not violate a prisoner's Eighth Amendment rights.'" Toguchi v. Chung, 391 F.3d 1051, 1057 (9th
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