Deeds
Jacob Pratt v. Deeds
Opinion
Opinion
MEMORANDUM
Nevada state prisoner Jacob Ramie Pratt appeals from the district court’s order granting summary judgment on his 42 U.S.C. § 1983 claims in favor of defendants, who are current and former correctional officers at Ely State Prison. We have jurisdiction under 28 U.S.C. § 1291 . We review the grant of summary judgment de novo. Furnace v. Sullivan, 705 F.3d 1021, 1026 (9th Cir.2013). We affirm in part, reverse in part, and remand for further proceedings.
I
The district court erred in granting summary judgment on Pratt’s claim that the defendant officers violated the Eighth Amendment by using excessive force after they fully restrained him and he was no longer struggling. Pratt does not dispute that the defendants used reasonable force in subduing him during the cell extraction. However, the parties offered markedly different accounts of the force used after Pratt was restrained. If true, Pratt’s alle gations that the defendants repeatedly punched him in the face after restraining him, repeatedly slammed his head into a sliding door and wall, and pinned him against the wall while one of them pinched and twisted his skin and nipples, establish a “malicious and sadistic”…