Daniel Coston v. Andrew Nangalama

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL MURPHY COSTON, No. 19-16450 Plaintiff-Appellant, D.C. No. v. 2:10-cv-02009-

MCE-EFB

ANDREW NANGALAMA; RONALD

HALE, Licensed Vocational Nurse, Defendants-Appellees, OPINION

and

VICTOR DUC; TROY BRIMHALL; D.

BERCHTOLD; J. BAL; PREET SAHOTA,

Defendants.

Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., District Judge, Presiding

Argued and Submitted May 3, 2021 Pasadena, California

Filed September 15, 2021 Before: John B. Owens and Kenneth K. Lee, Circuit Judges, and Michael H. Simon, * District Judge.

Opinion by Judge Simon

SUMMARY **

Prisoner Civil Rights

The panel reversed the district court’s judgment following a jury trial, and remanded, in an action brought by a California state prisoner pursuant to 42 U.S.C. § 1983 against a prison doctor and nurse alleging deliberate indifference to medical needs, in violation of the Eighth Amendment.

After a correctional officer found morphine pills in Plaintiff’s cell, Defendants terminated Plaintiff’s prescription for those pills…