(PC) Johnson v. Kelley, 2:18-cv-01969

Plaintiff Gilroy E. Johnson, a pro se state prisoner, sued RN Lee Kelley under 42 U.S.C. § 1983 for Eighth Amendment deliberate indifference based on care in May and August 2017 at CSP‑Sac.
Johnson complained of right shoulder pain; Kelley saw him twice, documented full range of motion, no swelling, and advised rest, OTC NSAIDs/Tylenol, and continuing oxcarbazepine for hip pain.
Kelley did not order x‑rays or refer Johnson to a physician at those visits; Johnson alleges she said the doctor was "very busy" and refused referral.
Johnson was transferred to Kern Valley State Prison in September 2017; November 2017 x‑rays were negative, Dr. Wang diagnosed impingement syndrome, increased medication, and later administered a steroid injection that relieved pain.
Defendants moved for summary judgment arguing no deliberate indifference and qualified immunity; the magistrate judge recommended granting summary judgment on the merits and thus did not reach qualified immunity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to order x‑ray violated the Eighth Amendment	Kelley should have ordered an x‑ray; it would have changed treatment	November x‑ray was negative; no resulting injury from not ordering one earlier	Court: No material harm shown from not ordering x‑ray; issue not further considered
Whether refusal to refer to a physician amounted to deliberate indifference	Kelley refused referral, saying doctor was busy; caused months of pain	Nurse provided clinically acceptable care (rest, NSAIDs); expert declarations say referral not warranted and delay did not worsen condition	Court: No genuine dispute of material fact; plaintiff failed to show deliberate indifference; summary judgment for defendant
Whether plaintiff's condition was a serious medical need	Johnson contends pain was sufficiently serious	Court assumed, for analysis, the pain could be serious but focused on defendant's state of mind and care provided	Court: Even assuming seriousness, no deliberate indifference shown
Qualified immunity for defendant	N/A	Kelley argues she is entitled to qualified immunity	Court: Did not address qualified immunity because it resolved the case on the merits

Estelle v. Gamble, 429 U.S. 97 (1976) (deliberate indifference to serious medical needs violates Eighth Amendment)
Farmer v. Brennan, 511 U.S. 825 (1994) (objective seriousness and subjective deliberate indifference standards)
McGuckin v. Smith, 974 F.2d 1050 (9th Cir. 1992) (two‑part test for Eighth Amendment medical claims)
Toguchi v. Chung, 391 F.3d 1051 (9th Cir. 2004) (disagreement with medical staff does not establish § 1983 claim)
Jett v. Penner, 439 F.3d 1091 (9th Cir. 2006) (harm from delay supports deliberate indifference claim)
Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standards—moving party's burden)
Anderson v. Liberty Lobby, 477 U.S. 242 (1986) (genuine dispute standard for summary judgment)
Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574 (1986) (summary judgment and inferences)
Hudson v. McMillian, 503 U.S. 1 (1992) (Eighth Amendment—unnecessary and wanton infliction of pain)
Wilson v. Seiter, 501 U.S. 294 (1991) (objective and subjective components of Eighth Amendment claims)
Whitley v. Albers, 475 U.S. 312 (1986) (contextual approach to cruel and unusual punishment)