King v. Mayberg

Summary

The Ninth Circuit affirmed summary judgment for defendants in a 42 U.S.C. § 1983 action brought by a former civil detainee alleging denial of medical care in violation of the Fourteenth Amendment. The court held that the plaintiff failed to show that the treatment decisions constituted a substantial departure from accepted professional medical judgment or that insulin was medically required.

Holdings

1. Summary judgment was proper because King failed to demonstrate a triable issue as to whether the treatment he received constituted a substantial departure from accepted professional judgment.
2. Summary judgment was proper because failing to treat a patient for an undiagnosed disease was not a substantial departure from professional medical judgment on the facts found by the district court.
3. Summary judgment was proper because King offered no medical evidence controverting Dr. Shelton's statement that insulin was not required.

Questions Presented

1. Whether summary judgment was proper on King's claim that defendants denied constitutionally adequate treatment for gastroesophageal reflux disease and rectal bleeding.
2. Whether summary judgment was proper on King's claim that defendants violated due process by failing to provide chemotherapy for undiagnosed bone marrow cancer.
3. Whether summary judgment was proper on King's claim that Dr. Shelton violated due process by failing to provide insulin for high blood glucose.

Disposition

affirmed