Perez v. Fenoglio

Dist. Ct. erred in dismissing for failure to state valid cause of action plaintiff-prisoner’s section 1983 action, alleging that defendants-prison officials were deliberately indifferent to his severe hand injury by delaying for 10 months appropriate surgery for said injury that in turn caused plaintiff to sustain needless pain as well as left him with permanent injury to his hand. Plaintiff’s hand injury was severe enough for 8th Amendment purposes, and plaintiff adequately asserted that defendants were deliberately indifferent to his hand injury, where: (1) plaintiff incurred lengthy delay before he received any meaningful treatment for his hand injury; and (2) prison doctor refused to follow specialist recommendation for treatment of plaintiff’s hand. Fact that certain prison medical personnel provided some “immediate” and “continuing” medical attention to plaintiff’s hand did not require different result, where said attention was not meaningful in context of plaintiff’s hand injury. Ct. further found that plaintiff stated adequate cause of action against prison’s private healthcare provider for maintaining alleged unconstitutional policy that precluded prison nurse from adequately addressing plaintiff’s injury where prison doctor was not present at time plaintiff sought treatment.