WDNY — Eighth Amendment: Rodriquez v. Conway, et al.

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U.S. District Court, WDNY

Eighth Amendment

Medical Malpractice

Rodriquez v. Conway, et al.
10-cv-6243L
Judge Larimer

Background: The pro se plaintiff commenced a § 1983 action alleging that the defendants, employees of the Attica State Correctional Facility, had failed to provide adequate treatment for his back pain. The defendants moved for summary judgment dismissing the complaint on the basis that their decisions were based on their good-faith medical judgment.

Ruling: The District Court dismissed the plaintiff’s complaint. The court found that medical malpractice is required to make a case for a constitutional violation. The record established that the plaintiff had been receiving prescription pain medication. He was also referred to a back specialist, which was later rescinded. The court held that the plaintiff’s disagreement with the decision to rescind the referral and dissatisfaction with his treatment was not enough to give rise to an Eighth Amendment claim.

Evaristo Rodriguez, pro se; Emil J. Bove Jr., Hillel David Deutsch and Gary M. Levine of the New York State Office of the Attorney General for the defendants