Bobby A. Neill v. Contra Costa County

892 F.2d 83 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bobby A. NEILL, Plaintiff-Appellant, v. CONTRA COSTA COUNTY, et al., Defendants-Appellees. No. 88-15122. United States Court of Appeals, Ninth Circuit. Submitted Nov. 21, 1989. * Decided Dec. 13, 1989. Before GOODWIN, Chief Judge, and POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Bobby A. Neill, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 complaint as frivolous under 28 U.S.C. § 1915 (d). We review de novo, Jackson v. State of Arizona, 885 F.2d 639, 640 (9th Cir.1989), and reverse. 3 In December 1986, Neill was injured while being transported by a Contra Costa County Sheriff Department van which was involved in an accident. Despite Neill's requests to receive x-rays of his back, he was treated for mouth injuries only. Six months later, Neill received the requested x-rays. The x-rays revealed a problem with Neill's fifth intervertebral disc…