The following excerpt is from Roberson v. Queen of the Valley Med. Ctr., No. 2:12-cv-2640 AC P (E.D. Cal. 2013):
Third, in order to state a 1983 claim for violation of the Eighth Amendment based on inadequate medical care, plaintiff must allege "acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 106, (1976). To prevail, plaintiff must show both that his medical needs were objectively serious, and
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