Peralta v. Dillard, et al, No. 09-55907 (9th Cir. 2013)
Annotate this CasePlaintiff filed a 42 U.S.C. 1983 action claiming that defendants were deliberately indifferent to his medical needs related to dental care. On appeal, defendant challenged the district court's judgment as a matter of law in favor of Dr. Dillard and Dr. Fitter and judgment following a jury verdict in favor of Dr. Brooks. At issue was whether the district court erred when it instructed the jury on the question of whether Dr. Brooks could be held responsible for failing to provide services when he lacked resources. The court held that the principle contained in the instructions given in this case was a proper one where the instruction took into account the duties, discretion, and means available. The instruction, in effect, stated that if Dr. Brooks could not "render or cause to be rendered" the needed services because of a lack of resources that he could not cure, he also could not individually be liable. Accordingly, the court affirmed the judgment.
Court Description: Prisoner Civil Rights. The panel affirmed the district court’s judgment following a jury verdict in favor of a prison dentist in a prisoner’s 42 U.S.C. § 1983 action alleging deliberate indifference to medical needs related to his dental care. The panel held that the district court did not err when it instructed the jury on the question of whether defendant could be held responsible for failing to provide services when he lacked resources. The panel held that the instruction was proper because it took account of the duties, discretion and means available and properly advised the jury that if the prison dentist could not render or cause to be rendered the needed services because of a lack of resources that he could not cure, he also could not be individually liable. Dissenting, Judge Berzon stated that the majority upheld a jury instruction absolving a prison dentist of liability for providing constitutionally deficient care, even though he was not entitled to be so exonerated under 42 U.S.C. § 1983 or the Eighth Amendment.
The court issued a subsequent related opinion or order on June 26, 2013.
The court issued a subsequent related opinion or order on March 6, 2014.
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