Facts

David Pride Jr. filed suit against Dr. Straga in relation to treatment that Pride received for his mental health issues while a prisoner in CDCR's Extensive Mental Health Program.

PLAINTIFF'S CONTENTIONS: Plaintiff raised a cause of action for a violation of his Eight Amendment Rights based on defendant's deliberate indifference to his serious medical needs. Plaintiff claimed that defendant deliberately ignored his assertions that the Neurontin prescribed to him was not providing any relief for his nerve pain but instead just increased the dose, even after exhibiting extreme adverse symptoms.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff failed to show that she purposefully acted or failed to respond to plaintiff's pain or possible medical needs and therefore she did not violate plaintiff's Eight Amendment rights.

Result

The court granted defendant's motion to dismiss with prejudice, finding that plaintiff had already been granted leave to amend his pleading twice and that further amendment would be futile.