What is the current state of the law on delay in providing medical care to inmates who suffered eye and respiratory injuries as a result of an assault?

Appellants assert that they were not provided with medical attention until 2 1/2 to 3 hours after the incident, and that they suffered eye and respiratory injuries as a result. There is no evidence that the officials were deliberately indifferent to the inmates' medical needs. A delay in medical care, without more, is insufficient to establish deliberate indifference. Estelle v. Gamble, 429 U.S. 97, 105-06 (1976) (negligence, medical malpractice or "an inadvertent failure to provide adequate medical care" do not on their own establish a constitutional violation); May v. Enomoto, 633 F.2d 164, 167 (9th Cir.1980) (three day delay in providing medical care to prisoner for back injuries does not establish deliberate indifference).