Barbara P. Hutchinson v. United States of America

Barbara Hutchinson appeals pro se the district court’s grant of summary judgment in favor of all defendants in her action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671 et seq., alleging negligence and under 28 U.S.C. § 1331 (a), alleging violation of her Fifth and Eighth Amendment rights. Ms. Hutchinson claims that she was denied proper medical care while incarcerated at the Metropolitan Correctional Center (“MCC”) in San Diego. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

Ms. Hutchinson was a prisoner at MCC from July 31 to August 12, 1980. The day after entering the facility, she complained of lower back pain and was seen by a physician’s assistant on the MCC staff. She was told to rest, drink fluids and take a urinary analgesic which was prescribed for her. She was also told that 24 hour medical care was available, but she did not request medical attention again until August 7.

On August 7, Ms. Hutchinson was examined by an MCC physician who believed her symptoms to be consistent with either a urinary tract infection or a kidney stone, with the former being more likely. He prescribed an anti-bacterial drug and recommended that an…