In what circumstances will a plaintiff be able to bring a claim for damages under Section 1983 of the Criminal Code for failing to provide a supply of prescription medication?
MultiRegion, United States of America
The following excerpt is from Wakefield v. Thompson, 177 F.3d 1160 (9th Cir. 1999):
As dictated by our precedents, in order to state a 1983 claim based on the failure to provide such a supply of prescription medication, the plaintiff must allege facts which if proved would establish that the prison official or officials acted with "deliberate indifference" to a "serious medical need." See, e.g., Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir.1998)(citing
[177 F.3d 1165]
Estelle, 429 U.S. at 104). Our cases make clear that mere negligence in the provision of medical care does not constitute a constitutional violation. See id.[177 F.3d 1165]
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