Terhune

MEMORANDUM *

Dr. John Shellcroft appeals a jury’s determination that he acted with deliberate indifference in his treatment of California Medical Facility prisoner Mark Holton. The jury’s verdict awarded damages for Dr. Shellcroft’s violation of Holton’s Eighth Amendment rights and for the violation of the substantive due process rights of Amada Holton, Mark Holton’s mother, guaranteed by the Fourteenth Amendment. The jury also awarded damages for a pendent medical malpractice claim arising under California law.

Dr. Shellcroft appeals, arguing that the district court improperly instructed the jury on the standard for deliberate indifference. He further maintains that the jury, if properly instructed, could not rea *389 sonably have found him hable. He also contends that Amada Holton should not have been permitted to amend the pretrial order to add her Fourteenth Amendment claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm the district court judgment in its entirety.

Because the parties are familiar with the facts of this case, we recite them only as necessary.

I. Jury Instructions

“Jury instructions must be formulated so that they fairly and adequately…