Facts

Curtis Jackson filed a prisoner civil rights action against Carmelino Galang and others, in connection with an incident that allegedly occurred on Sept. 20, 2014.

PLAINTIFF'S CONTENTIONS: Plaintiff allegedly presented to defendant Galang, a doctor, for a "grade three" separation of his right shoulder. He was allegedly referred for surgery. However, defendants, among other things, allegedly denied him morphine that had been prescribed for medical treatment of his pain. Defendants also allegedly delayed his surgery on purpose to cause him severe pain. Despite knowing he was in pain, defendants allegedly decreased the dose of his pain medication. Plaintiff therefore sued defendants for civil rights violations.

DEFENDANTS' CONTENTIONS: Defendant Galang and his fellow doctor from San Joaquin General Hospital moved for dismissal, due to plaintiff's failure to allege facts sufficient to constitute a cause of action. Defendants contended they were not state actors and could not be subject to liability for the asserted civil rights violations.

Result

The court granted Galang and his colleague's motion to dismiss for failure to state a claim for relief.