Ricky James v. J. Wilber

MEMORANDUM

Ricky W. James, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious dental needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm in part, reverse in part, and remand.

The district court properly granted summary judgment to defendants Wilber and Johnson because James failed to raise a genuine dispute of material fact as to whether those defendants were deliberately indifferent to his dental problems and associated pain. See id. at 1059-60 (mistakes, negligence or malpractice do not rise to an Eighth Amendment violation, nor does a difference of opinion about the preferred course of treatment).

The evidence as to defendant Saenz, however, viewed in the light most favorable to James, raises a triable dispute as to whether Saenz was deliberately indifferent to James’s serious dental needs. James repeatedly told Saenz that he was suffering from severe pain from an abscessed tooth, his dentures had broken and he could not eat properly, yet Saenz failed to relieve his pain or…