9th Cir.
09-55907
The court of appeals affirmed a judgment of the district court. The court held in an en banc opinion that prison officials sued for money damages under 42 U.S.C. §1983 could raise a lack of available resources as a defense. The court held further that a jury in a prisoner’s civil rights action based on inadequate dental treatment was properly instructed that it could consider the resources that a prison dentist had available when determining whether the dentist was deliberately indifferent.
