Kevin Bartholomew v. James Rowland B.J. Bunnell

985 F.2d 571 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kevin BARTHOLOMEW, Plaintiff-Appellee, v. James ROWLAND; B.J. Bunnell, et al., Defendants-Appellants. No. 91-16167. United States Court of Appeals, Ninth Circuit. Jan. 22, 1993. Before SNEED, ALARCON and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 B.J. Bunnell, former warden of the California Correctional Institution (CCI), and other prison officials appeal from the denial of their motions for summary judgment in state prisoner Kevin Bartholomew's 42 U.S.C. § 1983 action. Bartholomew alleged that the prison officials violated his Eighth Amendment rights by not providing a bland diet for his ulcer. On appeal, Bunnell contends that the district court erred because Bartholomew did not allege sufficient facts to state a claim against him. Appellants John DeRomanette, M.D., and Roy Johnson, M.D., argue that the district court erred in denying their motion to dismiss this action based on the defense of qualified…