Edwards

Edwards v. Cal. Dept. of Corrections etc. CA1/3

Good Law
Court of Appeal of CaliforniaMarch 27, 2013A136728California2,179 words

Opinion

Opinion

Siggins, J.

I. BACKGROUND

The complaint alleges that Edwards submitted a request for emergency dental care on May 1, 2008, after his “Molar #19” broke in half. What happened thereafter is detailed in exhibits attached to his complaint. When Edwards received no immediate response to his request, he filed an administrative appeal on May 11. He premised his appeal on section 3355.1, which, until April 2007, stated: “(b) Assigned Facility. Each newly committed inmate shall within 14 days following transfer from a reception center to a program facility receive a complete examination by a dentist who shall develop an individual treatment plant for the inmate. (c) Reexamination. Each inmate under 50 years of age shall be examined at least once every 2 years. All other inmates shall be examined annually.”2 Edwards wrote: “I am over 50 years old, have been here over three years and have never seen a dentist. Now, due to the deliberate indifference and disregard for the law by this institution, I have a broken molar. . . . [¶] I hold this institution responsible for my broken tooth. I will not allow a dentist to merely pull it and leave a hole in my mouth. You are

2 In April 2007, subdivision (b) was…

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