Summary
The United States District Court for the District of Arizona granted Defendant A. Mardesich’s motion for summary judgment in Donald R. Huston’s 42 U.S.C. § 1983 action concerning alleged delays in treatment for a detached retina. The court found that Plaintiff’s retinal detachment constituted a serious medical need but concluded that the evidence did not establish deliberate indifference or show that delays attributable to Mardesich caused Plaintiff’s blindness. The action was terminated with prejudice.
Holdings
- Plaintiff's retinal detachment and accompanying blindness constituted a serious medical need under the Eighth Amendment.
- Plaintiff did not present sufficient evidence that Defendant's individual involvement in scheduling or responding to medical requests rose to deliberate indifference.
- Plaintiff failed to produce sufficient evidence that delays in surgery or follow-up caused his blindness or were attributable to Defendant.
- Summary judgment was proper for Defendant on Plaintiff's Eighth Amendment medical-care claim.
Questions Presented
- Whether Plaintiff presented sufficient evidence of a serious medical need under the Eighth Amendment.
- Whether Defendant was deliberately indifferent to Plaintiff's serious medical need by failing to ensure timely retinal surgery and post-operative follow-up.
- Whether Plaintiff presented sufficient evidence that any delay attributable to Defendant caused compensable harm, including blindness in the right eye.
- Whether Defendant was entitled to summary judgment on Plaintiff's § 1983 Eighth Amendment medical-care claim.
Disposition
other
Cases Cited (23)
- Rand v. Rowland, 154 F.3d 952, 962 (9th Cir. 1998) (en banc)(applied)
- Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 323 (1986)(applied)
- Nissan Fire & Marine Insurance Co. v. Fritz Co., 210 F.3d 1099, 1102-03 (9th Cir. 2000)(applied)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 249, 250, 255 (1986)(applied)
- Triton Energy Corp. v. Square D. Co., 68 F.3d 1216, 1221 (9th Cir. 1995)(applied)
- First National Bank of Arizona v. Cities Service Co., 391 U.S. 253, 288-89 (1968)(applied)
- Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986)(applied)
- Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006)(applied)
- Estelle v. Gamble, 429 U.S. 97, 104 (1976)(applied)
- McGuckin v. Smith, 974 F.2d 1050, 1059-60, 1060-61 (9th Cir. 1992)(applied; overruled on other grounds)
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Cited In (0)
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Court Document
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