Rasho v. Elyea

Dist. Ct. erred in granting motion for summary judgment filed by defendants-prison psychiatrist and psychologist in plaintiff-prisoner’s section 1983 action alleging that defendants were deliberately indifferent to his medical/mental needs by transferring him from prison mental health unit to prison’s segregation unit not because plaintiff was no longer in need of special mental treatment, but rather because plaintiff had complained about certain prison personnel. Decision based on easier and less efficacious medical treatment without exercising professional judgment can constitute deliberate indifference, especially where medical provider bases his or her treatment decision on personal animosity, and plaintiff’s testimony that defendants explicitly told him that he was transferred in response to his complaints was sufficient to raise triable issue as to defendants’ motivation for plaintiff’s transfer. Fact that plaintiff’s complaints had been directed to other prison personnel or that plaintiff may not have suffered physical injury did not require different result.