Facts

Velmont Boone, a San Quentin prisoner, saw his primary care physician, Dr. Reys because he was having issues with his knee. Boone previously had two surgeries on his knee and Dr. Reys ordered a third, non-emergent and elective, surgery. The following month, Dr. Reys met with other San Quentin doctors to discuss Boone's physical therapy options for after the surgery because Boone's physical therapist was leaving. Given the non-emergent nature of the surgery, the doctors decided to postpone until a new therapist could be hired. A new therapist was hired two months later. In the meantime, the California Department of Corrections and Rehabilitation's surgery approval process had changed and surgery approval now required state-wide committee review. The committee reviewed Boone's case the following month and Boone's surgery was canceled. Boone sued Dr. Reys and others for civil rights violations.

PLAINTIFF'S CONTENTIONS: Pro se plaintiff contended that defendants were deliberately indifferent to his need for the surgery.

DEFENDANTS' CONTENTIONS: Defendants proffered several contentions, including: there was no evidence that ordering the surgery would have changed the conclusion and defendants acted reasonably and carefully deliberated their decision.

Result

Defendants' motion for summary judgment was granted.