(PC) Moore v. Price, 2:14-cv-01232

Plaintiff is a state prisoner with diabetes, glaucoma, hypertension, and neuropathy, under direct medical care at DVI.
Plaintiff alleges during a July 25, 2012 transport to an outside physician, staff mocked him and failed to provide food while he suffered a hypoglycemic episode.
After the doctor’s visit, defendants allegedly stopped to eat on the return trip, while plaintiff remained in distress.
A nurse later treated plaintiff at DVI, administering glucose upon arrival; plaintiff underwent subsequent eye surgery for glaucoma-related damage.
Plaintiff contends he continues to suffer eye problems, nerve damage, and numbness affecting balance; he claims damages were caused by defendants’ conduct.
Defendants moved to dismiss under Rule 12(b)(6) and for qualified immunity; plaintiff opposed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did defendants' conduct amount to deliberate indifference to a serious medical need?	Plaintiff alleges hypoglycemia was ignored and defendants mocked him, causing harm.	Plaintiff fails to show defendants were aware of ongoing symptoms after the appointment or caused injury.	No; claim dismissed for failure to state a claim, with leave to amend.
Is defendants' conduct protected by qualified immunity at this stage?	Not explicitly stated in brief; court must consider clearly established rights.	Qualified immunity may bar suit if rights were not clearly established.	Ruling deferred; motion denied without prejudice on qualified immunity, allow amendment.

Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (Eighth Amendment medical indifference standard)
McGuckin v. Smith, 974 F.2d 1050 (9th Cir. 1991) (serious medical need and response standard)
Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference standard for substantial risk)
Jett v. Penner, 439 F.3d 1091 (9th Cir. 2006) (harmful delay in medical treatment as evidence of indifference)
Twombly v. Bell Atlantic, 550 U.S. 544 (U.S. 2007) (pleading must show plausible factual content)