Ortiz v. Webster

Dist. Ct. erred in granting defendant-doctor's motion for summary judgment in plaintiff-prisoner's Bivens' action alleging that defendant was deliberately indifferent to his need for eye surgery arising out of his pterygia condition. Record showed that six out of eight specialists recommended surgery after observing that plaintiff's pterygia condition affected his vision and caused him pain, and that defendant ignored his own opinion that plaintiff required either further evaluation of his vision or surgery when defendant failed to conduct any additional evaluation and waited extended period of time before any surgery was approved. Ct. rejected Dist. Ct.'s finding that record merely established difference of opinion as to course of treatment among eye specialists.