is in need of immediate medical care and he fails to take reasonable action to summon such medical care. Cal. Gov’t Code § 845.6. The County Defendants first argue that they are immune from liability for a violation of section 845.6 by virtue of the immunity provision at Government Code sections 855.6, which, inter alia, confers immunity on public employees and entities for injury caused by “the failure to make a physical or mental examination.” But on its face, section 855.6 does not apply to Plaintiffs’ claims arising out of the failure to “summon medical care”; only to the failure to “make a physical or mental examination.” The statute is therefore inapplicable to Plaintiffs’ section 845.6 claim. See, e.g., Lum v. Cnty. of San Joaquin, 756 F.Supp.2d 1243, 1257 (E.D.Cal.2010) (<HOLDING>). Turning to the merits of Plaintiffs’ section
recognizing that even where the plaintiff presents evidence of selective treatment failure to demonstrate malice or bad faith requires dismissal of the claim holding section 8556 inapplicable where plaintiff alleged a failure to refer decedent for evaluation rather than a failure as a result of diagnosis or treatment holding a victims statements to emergency room doctor not testimonial where the purpose of the examination was for medical diagnosis and treatment holding that the state courts conclusion that statements to dr appleton were nontestimonial because they were made for purposes of diagnosis and treatment rather than to inculpate was not an unreasonable application of the legal principle established by crawford  holding that the failure to appoint the department of health and rehabilitative services diagnosis and evaluation team to perform the mental evaluation pursuant to section 91611ld florida statutes 1997 was harmless if the defendant re ceived a constitutionally adequate hearing regarding his competency