United States District Court, D. Oregon
A. RUSSO UNITED STATES MAGISTRATE JUDGE.
plaintiff, an inmate at Snake River Correctional Institution
(SRCI), brings this civil rights action pursuant to 42 U.S.C.
§ 1983 challenging the conditions of his confinement.
alleges he has suffered from pain and numbness in his legs,
back and neck for years and that
The doctors at the Oregon Department of Corrections at Snake
River Correctional Institution, namely Dr. Gulick, Dr. Koltes
and Chief Medical Officer Dr. Steven Shelton from Salem, the
Therapeutic Level Committee (TLC), nurses Wick, Curtis and
White and officer Defrance, with deliberate indifference and
wanton infliction of pain, have failed to provide proper and
accepted standard medical diagnosis and treatment for a
serious medical problem that would alleviate Mr. Lee's
pain. They have unnecessarily added to the pain, anxiety and
suffering by allowing this condition to persist, having an
adverse effect on his daily activities.
Amended Complaint (doc. 13) at p. 2.
further alleges diagnosis using X-rays have revealed no
source for his pain and that his requests for further testing
including MRIs and CT scans have been denied. Id. In
addition, plaintiff asserts he has been denied referral to a
alleges despite suffering excruciating pain for two years,
the only remedies prescribed have been “stretching,
multiple NSAIDS, and Tramadol, which exacerbated painful skin
lesions due to an allergic reaction.” Id.at p.
3. Moreover, plaintiff asserts he has requested further
diagnosis to find the cause of his pain and has been told by
Dr. Gulick that, "the pain is all in your head",
"there is nothing we will do about it", "the
DOC will not pay for anything" and by staff that
"He is only looking for the drugs.". Id.at
seeks $2, 000, 000 in damages and a “proper diagnosis and
treatment for both physical and mental conditions.”
Id. Plaintiff further requests “that a
restraining order be put in place preventing Dr. Garth Gulick
and Dr. Koltes from having anything to do with his continuing
medical needs.” Id.at p. 5.
has an Eighth Amendment right to necessary medical treatment.
See Estelle v. Gamble, 429 U.S. 97, 103 (1976)
(“An inmate must rely on prison authorities to treat
his medical needs”); Johnson v. Lewis, 217
F.3d 726, 731 (9th Cir. 2000) (“Prison officials have a
duty to ensure that prisoners are provided adequate shelter,
food, clothing, sanitation, medical care, and personal
safety.”). To sustain a claim based on inadequate
medical treatment, plaintiff must establish the existence of
“a serious medical need” and show that
defendant's “response to the need was deliberately
indifferent.” Jett v. Penner, 439 F.3d 1091,
1096 (9th Cir. 2006). A serious medical need exists if
“the failure to treat a prisoner's condition could
result in further significant injury or the
‘unnecessary and wanton infliction of pain.'”
Id. (citation omitted).
officials may demonstrate deliberate indifference by denying,
delaying, or intentionally interfering with medical
treatment, or by the way in which medical treatment is
provided. Id.; Hallett v. Morgan, 296 F.3d
732, 744 (9th Cir. 2002). Mere difference of medical opinion
does not establish deliberate indifference. Clement v.
Gomez, 298 F.3d 898, 904 (9th Cir. 2002).
undisputed facts,  viewed in a light most favorable to