No. 20-5572

Michael Aaron Witkin v. Mariana Lotersztain, et al.

Lower Court: Ninth Circuit
Docketed: 2020-09-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: cruel-and-unusual-punishment deliberate-indifference eighth-amendment expert-testimony medical-care prison-conditions summary-judgment
Key Terms:
SocialSecurity
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (AI Summary)

Whether expert medical testimony is necessary to survive summary judgment in an Eighth Amendment deliberate indifference claim

Question Presented (from Petition)

questions presented are: -(1) At the summary judgment stage, is the plaintiff's failure to produce expert . medical testimony condemning the care provided fatal to an inadequate medical care deliberate indifference claim? i (2) Do the standards of Federal Rule of Evidence 702 for expert opinon testimony apply at the summary judgment stage to an expert opinion that is unopposed by a conflicting expert opinion? If ii

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-02
DISTRIBUTED for Conference of 1/8/2021.
2020-11-09
Petition for Rehearing filed.
2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-18
Waiver of right of respondents Mariana Lotersztain, et al. to respond filed.
2020-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2020)

Attorneys

Mariana Lotersztain, et al.
Michelle Devorah IgraCalifornia Department of Justice - Office of the A, Respondent
Michelle Devorah IgraCalifornia Department of Justice - Office of the A, Respondent
Michael Witkin
Michael Witkin — Petitioner
Michael Witkin — Petitioner