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Jackson v. McIntosh

filed: April 11, 1996.

RAYMOND D. JACKSON, PLAINTIFF-APPELLEE,
v.
DUNCAN A. MCINTOSH; DAVID VICTORINO, DEFENDANTS-APPELLANTS.



Appeal from the United States District Court for the Eastern District of California. D.C. No. CV 90-00760-EJG. Edward J. Garcia, District Judge, Presiding. Original Opinion Previously Reported at:,.

Before: Alex Kozinski and John T. Noonan, Jr., Circuit Judges, Rudi M. Brewster,*fn* District Judge. Opinion by Judge Noonan.

Author: Noonan

none

[EDIT ]

Order AND AMENDED OPINION

Order

The opinion filed on April 11, 1996 is amended as follows:

At slip op. page 4552 at line 7 of the first full paragraph, the sentence beginning "If Jackson . . ." and ending "medical needs." is hereby amended to read "If Jackson proves that claim at trial, and he has shown that the delay in performing the kidney transplant was medically unacceptable, he will have shown that the doctors were deliberately indifferent to his serious medical needs."

With this amendment, the panel as constituted in the above case has voted to deny the petition for rehearing. Judges Kozinski and Noonan have voted to reject the suggestion for rehearing en banc and Judge Brewster so recommends.

The full court has been advised of the suggestion for en banc rehearing, and no Judge of the court has requested a vote on the suggestion for rehearing en banc. Fed. R. App. P. 35(b).

The petition for rehearing is denied, and the suggestion for a rehearing en banc is rejected.

NOONAN, Circuit Judge:

Raymond D. Jackson, a state prisoner on dialysis, brought suit under 42 U.S.C. ยง 1983 contending that Dr. Duncan McIntosh and Dr. David Victorino had violated his rights under the Eighth Amendment by refusing him a kidney transplant. The doctors moved for summary judgment on the ground of ...


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