The following excerpt is from Bishop v. Dodson, No. 2:20-cv-2032-EFB P (E.D. Cal. 2020):
With respect to Saji, plaintiff has failed to state a claim of deliberate indifference to medical needs in violation of the Eighth Amendment. "Prison officials are indifferent to prisoners' serious medical needs when they deny, delay, or intentionally interfere with medical treatment." Hamilton v. Endell, 981 F.2d 1062, 1066 (9th Cir. 1992). Plaintiff falls short of stating such a claim because 1) he has failed to allege what Saji did or did not do to violate his rights, and 2) he labels the claim as one of "medical negligence." ECF No. 1 at 6. The required
Page 4
indifference for an Eighth Amendment claim must be substantial; mere malpractice, or even gross negligence, does not constitute cruel and unusual punishment. Estelle v. Gamble, 429 U.S. 97, 106 (1976).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.