Cion Peralta v. T. Dillard

MEMORANDUM **

Cion Adonis Peralta appeals the district court’s judgment as a matter of law in favor of Dr. Thaddeus Dillard, the Chief Dental Officer at the California State Prison at Lancaster, and Dr. Junaid Fitter, the Chief Medical Officer at that facility. See Fed.R.Civ.P. 50(a). He also appeals the judgment following a jury verdict in favor of Dr. Sheldon Brooks, a staff dentist at that same facility. 1 We affirm.

(1) We have reviewed the record and agree with the district court that a reasonable juror would not have a legally sufficient evidentiary basis to find for Per-alta 2 on his claims against Dr. Dillard and Dr. Fitter for deliberate indifference. 3 Both of those officials were supervisors, but that alone does not preclude their personal liability. See Snow v. McDaniel, 681 F.3d 978, 989 (9th Cir.2012); Redman v. Cnty. of San Diego, 942 F.2d 1435, 1446 (9th Cir.1991) (en banc) abrogated in part on other grounds by Farmer v. Brennan, 511 U.S. 825 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994). Again, we have reviewed the record and we are unable to state the evidence would support a decision that either of the doctors, who saw, at one point or another, the second level…

dissenting in part:

I join in Part 2 of the majority’s disposition. Because I disagree that no reasonable juror could find in favor of Peralta’s claims against defendants Fitter and Dillard, I respectfully dissent as to Part 1.

1. For the reasons stated in my dissent from the published opinion, I would hold that the jury instruction as to defendant Brooks was improper. The jury’s verdict in light of that instruction is therefore not a relevant consideration in determining defendants Fitter’s and Dillard’s liability.

2. Even given the instruction as to Brooks, a reasonable juror could have found that both Fitter and Dillard knew of and disregarded the serious dental needs of Lancaster prisoners. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994); Snow v. McDaniel, 681 F.3d 978, 986 (9th Cir.2012). The district court granted Fitter’s and Dillard’s Rule 50 motions on the ground that those defendants had no knowledge of Peralta’s serious medical condition. But Fitter and Dillard could be liable regardless of whether they knew of Peralta’s own serious medical needs. They need only be aware that “someone in [Peralta’s] situation” — namely other…

FILED

NOT FOR PUBLICATION JAN 07 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

CION ADONIS PERALTA, ) No. 09-55907 ) Plaintiff – Appellant, ) D.C. No. 2:05-cv-01937-JVS-PLA ) v. ) MEMORANDUM * ) T.C. DILLARD, Chief Dental ) Officer; S. BROOKS, D.D.S. Staff ) Dentist; J. FITTER, Chief Medical ) Officer, ) ) Defendants – Appellees. ) )

Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding

Argued and Submitted October 10, 2012 Pasadena, California

Before: FERNANDEZ and BERZON, Circuit Judges, and HERNANDEZ,** District Judge.

Cion Adonis Peralta appeals the district court’s judgment as a matter of law

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Marco A. Hernandez, United States District Judge for the District of Oregon, sitting by designation. in favor of Dr. Thaddeus…