The following excerpt is from Berry v. Lee, 983 F.2d 1075 (9th Cir. 1992):
Berry contends that jail officials were deliberately indifferent to his serious medical needs by: (1) denying his request to see a doctor and a specialist regarding his back injury; (2) allowing his medication to lapse; and (3) denying him exercise as prescribed by his doctor. Convicted prisoners may claim deliberate indifference to medical needs under the eighth amendment prohibition against cruel and unusual punishment. Jones v. Johnson, 781 F.2d 769, 771 (9th Cir.1986). Nevertheless, while the eighth amendment provides a minimum standard of care for determining the rights of pretrial detainees, those claiming inadequate medical treatment must raise their claims under the fourteenth amendment due process clause. Id.
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