The following excerpt is from Kemper v. Crosson, No. 2:14-cv-0305 KJN P (E.D. Cal. 2014):
Not every claim by a prisoner that he has received inadequate medical treatment states a violation of the Eighth Amendment. To maintain an Eighth Amendment claim based on prison medical treatment, plaintiff must show (1) a serious medical need by demonstrating that failure to treat a prisoner's condition could result in further significant injury or the unnecessary and wanton infliction of pain, and (2) a deliberately indifferent response by defendant. Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006).
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