Summary
The Eastern District of California denied Plaintiff Walter R. Reid’s motion to appoint an independent medical expert under Federal Rule of Evidence 706(a) in his § 1983 Eighth Amendment deliberate-indifference action against Barry Green. The court concluded that the medical issues were not unusually complex and that Plaintiff could address the opposing expert’s opinions through cross-examination, testimony from his own witness, and argument to the jury.
Holdings
- The court denied Reid's motion for appointment of an independent medical expert because he did not demonstrate that appointment was necessary and the case was not sufficiently complex to require court-appointed expert assistance.
Questions Presented
- Whether the court should appoint an independent medical expert under Federal Rule of Evidence 706(a) because competing medical testimony allegedly created a need for neutral expert assistance.
Disposition
other
Cases Cited (5)
- Walker v. American Home Shield Long Term Disability Plan, 180 F.3d 1065, 1071 (9th Cir. 1999)(followed)
- Monolithic Power Systems, Inc. v. O2 Micro International Ltd., 558 F.3d 1341, 1348 (Fed. Cir. 2009)(followed)
- Wilkins v. Barber, 562 F. Supp. 3d 943, 945 (E.D. Cal. 2021)(followed)
- Faletogo v. Moya, No. 12CV631 GPC WMC, 2013 WL 524037, at *2 (S.D. Cal. Feb. 12, 2013)(followed)
- Brooks v. Tate, No. 1:11-CV-01503 AWI, 2013 WL 4049043, at *1 (E.D. Cal. Aug. 7, 2013)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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