Toguchi

Toguchi v. Soon Hwang Chung

Bad Law
391 F.3d 1051·2004 WL 2827667·2004 U.S. App. LEXIS 25465
United States Court of Appeals for the Ninth CircuitDecember 10, 200403-15378California3,066 words

Opinion

Opinion

Rawlinson, J.

We sympathize with the Toguchis on the loss of their son, Keane. However, we agree with the district court that Keane’s death was not the result of Dr. Soon Hwang Chung’s deliberate indifference to his serious medical needs. Accordingly, we affirm the district court’s judgment in favor-of Dr. Chung. ■

I.

BACKGROUND

Keane Toguchi (Keane) was incarcerated for most of the period between 1993 and 1998. He was treated by Dr. Chung during his incarceration at the Halawa Correctional Facility (Halawa) in 1997 and 1998. Keane had a lengthy history of mental illness and had been clinically diagnosed with bi-polar disorder, panic disorder, organic brain syndrome, depression, and Wolff-Parkinson-White Syndrome. Keane also had an extensive history of illicit drug use, including cocaine, crystal methamphetamine (ice), and heroin.

Keane was paroled in April of 1998, but returned to Halawa eight months later, after he violated his parole by testing positive for ice. In fact, Keane had taken ice two days prior to his readmission and had not taken his prescribed medications, including Seroquel, Klonopine, Tranxene, and Zoloft, for five days. Keane was placed under the direct care of Dr. Chung,…

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