This case was referred by a Court Judge. Plaintiff sues for events that took place at High Desert State Prison (“HDSP”). He seeks injunctive relief and damages. Plaintiff alleges that on March 23, 2015, he informed the HDSP medical department that he had discovered an odd growth on his knee area. (ECF No. 1-1 at 6.) Medical staff did not respond in time, and after a year the growth continued to grow and eventually burst, prompting an emergency surgery. Plaintiff states that the pain was so excruciating that it prompted the need for an outside physician. The surgery left Plaintiff’s leg deformed and Plaintiff lost some of its functionality. Now, NDOC fails to provide Plaintiff with follow ups. The Court construes the Plaintiff’s claim as an Eighth Amendment claim and finds that the Plaintiff states a colorable claim under the Eighth Amendment.
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