Daniel
Daniel v. Levin
Opinion
Lead Opinion
MEMORANDUM **
Peter L. Daniel (Daniel), a former California state prisoner, appeals the district court’s summary judgment against him in his action against the correction facility physicians and the correction facility captain. Daniel alleged under 42 U.S.C. § 1983 that the defendants were indifferent to his serious medical needs. Daniel also alleged that he was entitled to damages under Title II of the Americans With Disabilities Act, 42 U.S.C. §§ 1231-34 , because defendants willfully discriminated against him because of his disability.
A. Background
In his first year at Calipatria, Daniel consulted with prison doctors over fifteen times for various medical issues, including back pain, neck pain, knee pain, and abdominal pain.
On October 25, 1997, Daniel slipped and fell while mopping the stairs as part of his prison work. He was transferred by ambulance to the prison infirmary, stayed overnight, and was released with a cervical collar and walking cane.
Daniel was examined by Dr. Sungkatkitkorane, a staff physician at Calipatria, two days after the fall on the stairs. Dr. Sungkatkitkorane examined Daniel on ten separate occasions from October 1997 to May 1998. On November…