Robert Gamez, Jr. v. Unknown Norris

MEMORANDUM

Robert Carrasco Gamez, Jr., an Arizona state prisoner, appeals pro se from the district coui't’s summary judgment in his 42 U.S.C. § 1983 action alleging an excessive force claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Furnace v. Sullivan, 705 F.3d 1021, 1026 (9th Cir.2013). We affirm in part, reverse in part, and remand.

The district court granted summary judgment on Gamez’s excessive force claim. However, Gamez stated in his verified complaint and verified response to summary judgment that defendants slammed his face against the floor, took him to the ground, twisted his hands, and jumped on, kicked, and kneed him, even though he complied with defendants’ orders and was hándcuffed. Thus, viewing the evidence in the light most favorable to Gamez, he raised a genuine dispute of material fact as to whether defendants acted maliciously and sadistically. See Hudson v. McMillian, 503 U.S. 1, 7 , 112 S.Ct. 995 , 117 L.Ed.2d 156 (1992) (the “core judicial inquiry” in resolving an Eighth Amendment excessive force claim is “whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause…