Joseph Gaxiola v. M. Sayre

MEMORANDUM

Plaintiff Joseph E. Gaxiola, a California state inmate, appeals from the district court’s grant of summary judgment on his 42 U.S.C. § 1983 claims alleging deliberate indifference to serious medical needs in violation of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291 and review the grant of summary judgment de novo. Colwell v. Bannister, 763 F.3d 1060, 1065 (9th Cir. 2014). We affirm in part, reverse in part, and remand.

We conclude that the district court erred in granting summary judgment against Gaxiola on his claim that the Defendants acted with deliberate indifference in failing to treat his condition after the July 1, 2008 incident. Gaxiola has presented evidence that a prison nurse observed him having a grand mal seizure on this date, that he subsequently experienced several syncopal episodes that could have been due to seizure disorder, and that he did not receive follow-up testing until approximately four months after the incident. Viewing the record in the light most favorable to Gaxiola, we conclude that a reasonable juror could find that the Defendants “kn[ew]” that he suffered from a seizure disorder as of July 1, 2008, but…