Burton v. Downey

Dist. Ct. erred in denying defendants’ motion for summary judgment alleging qualified immunity and failure to state claim in plaintiff-prisoner’s section 1983 action alleging that defendants violated plaintiff’s 8th Amendment rights by withholding certain prescribed drugs that caused him unnecessary pain and by failing to accommodate his need for second mattress in his cell, as well as his need for physical therapy. Instant two-day delay in giving plaintiff his drugs was insufficient to establish constitutional violation, and any failure of defendants to contact plaintiff’s primary physician for new prescription for narcotic drug to treat plaintiff’s pain did not amount to deliberate indifference where medical defendants’ refusal to prescribe said drug in favor of non-narcotic substitute was nothing more than difference of medical opinion. Also failure to provide plaintiff with second mattress/physical therapy did not amount to cruel or unusual punishment where plaintiff’s treating physician concluded that second mattress was unnecessary, and defendants actually followed physician’s recommendations for plaintiff’s physical therapy.