Tomas Meneweather v. B. Powell

MEMORANDUM

California state prisoner Tomas Lopez Meneweather appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging Eighth Amendment violations arising from unsanitary conditions of confinement. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, EEOC v. Luce, Forward, Hamilton & Scripps, 345 F.3d 742 , 746 (9th Cir.2003), and decision regarding qualified immunity, Elder v. Holloway, 510 U.S. 510, 516 , 114 S.Ct. 1019 , 127 L.Ed.2d 344 (1994). We reverse and remand.

Viewing the evidence in the light most favorable to Meneweather, he has raised a genuine issue of material fact as to the deliberate indifference of defendants B. Powell, D. Ferry, T.G. Miller, G. Bailey, A. Meyers, J. Ippolito, R. Reyes, T. Rincon, and Nurse O’Kelley with regard to the unsanitary conditions of his cell. See Farmer v. Brennan, 511 U.S. 825, 842 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (“[A] factfinder may conclude that a prison official knew of a substantial risk from the very fact that the risk was obvious.”); see also Anderson v. County of Kern, 45 F.3d 1310, 1314 (9th Cir.1995) (“[SJubjection of…