The following excerpt is from Rodgers v. Hyonan, No. 2:15-cv-0361-EFB P (E.D. Cal. 2015):
Here, the allegations of the complaint do not demonstrate that any defendant acted with the requisite state of mind for an Eighth Amendment violation. Plaintiff alleges that he had just been arrested and handcuffed prior to arriving at the medical center. He does not plead facts showing that removal of the handcuffs was essential to a proper medical evaluation or otherwise demonstrating how a failure to request removal of the cuffs could be viewed as deliberately indifferent to plaintiff's medical needs. Moreover, defendants' alleged failure to order an x-ray amounts to negligence at worst. There are no allegations showing that plaintiff had an obvious need for either the removal of the cuffs or an x-ray. Nor are there factual allegations showing that plaintiff was harmed because an x-ray was not ordered. At most, plaintiff has merely alleged a disagreement with the treatment that he received following his injury, which does not amount to deliberate indifference. Franklin v. Oregon, 662 F.2d 1337, 1344 (9th Cir. 1981).
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