United States Ninth Circuit

In a suit under 42 USC section 1983 against two prison doctors, alleging that their delay in treating the plaintiff's hernia amounted to deliberate indifference to his medical needs, in violation of the Eighth Amendment, a magistrate judge's dismissal of the case for failure to state a claim is affirmed in part and reversed in part, where: 1) the plaintiff voluntarily consented to the jurisdiction of any magistrate judge, including the one who decided his case; 2) the allegations against one doctor could not support a deliberate indifference claim because they amounted to a claim of negligence; and 3) the allegations against the other doctor were sufficient to warrant ordering him to file an answer.

Appellate Information

• Decided 05/25/2012
• Published 05/25/2012

Judges

• Graber

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ivana Cingel, Vickie P. Whitney