Marcus Harrison v. J. Sample

MEMORANDUM

California state prisoner Marcus L. Harrison appeals pro se from the district court’s summary judgment in favor of defendant in Harrison’s 42 U.S.C. § 1983 action alleging that defendant, a corrections officer, was deliberately indifferent to Harrison’s serious medical needs in violation of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s summary judgment. Conn v. City of Reno, 572 F.3d 1047, 1054 (9th Cir.2009). We reverse and remand for further proceedings.

Viewing the record in the light most favorable to Harrison, a genuine dispute exists as to whether defendant was subjectively aware that Harrison was suffering from a medical emergency and responded adequately. See Jett v. Penner, 439 F.3d 1091, 1098 (9th Cir.2006). Harrison offered evidence that he expressly told defendant that he was experiencing a medical emergency due to his asthma, and that defendant responded by telling Harrison he would have to wait until rounds to receive his inhaler. Harrison also offered evidence that his fellow inmates informed defendant that Harrison was experiencing a medical emergency, and that defendant responded by “waiving…