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McMain v. Peters

United States District Court, Ninth Circuit

December 3, 2013

GORDON McMAIN, Plaintiff,
v.
COLLETTE PETERS, et al., Defendants.

ORDER

MICHAEL W. MOSMAN, District Judge.

Plaintiff, an inmate at Snake River Correctional Institution (SRCI), brings this civil rights action pursuant to 42 U.S.C. ยง 1983. Currently before the court is plaintiff's motion for preliminary injunction.

BACKGROUND

Plaintiff alleges that defendants have denied him adequate medical treatment for back pain and low testosterone. In a filing captioned "Status of Case, " plaintiff informs the court that he now has been scheduled for back surgery. However, he seeks injunctive relief to compel "ODOC and its staff" to treat him with "Testosterone Cyplianate to a males average for his age (650 ng/ml)."

In his Complaint and "Status of Case, " plaintiff makes the following allegations:

(1) prior to being taken into the custody of the Oregon Department of Corrections (ODOC) he was receiving testosterone injections;
(2) Dr. Elliot-Blakeslee, a physician at SRCI, told plaintiff that the ODOC does not provide testosterone injections unless a prisoner suffers from Klinefelter's Disease;
(3) based upon blood tests, Dr. Elliot-Blakeslee concluded that plaintiff does not suffer from Klinefelter's Disease;
(4) plaintiff believes the test results support a diagnosis of Klinefelter's Disease and, in any event, more definitive tests are available;
(5) Dr. Kenneth Little, the physician who ordered plaintiff's back surgery, made the notation in plaintiff's medical chart "Endocrine work up and treatment as indicated;" and
(6) there is a correlation between low testosterone and arthritis and other conditions of which plaintiff suffers.

Additionally, plaintiff alleges that Dr. Clarke opined that low testosterone may be contributing to plaintiff's mood disorder, and that he would benefit from testosterone injections. However, the Therapeutic Level of Care (TLC) Committee concluded otherwise, noting that testosterone is of questionable value in treating a generalized anxiety disorder and is not medically necessary.

DISCUSSION

I. Personal Jurisdiction over ...


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