David Peasley v. M. Spearman

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 27 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID SCOTT PEASLEY, No. 18-56648

Plaintiff-Appellant, D.C. No. 5:15-cv-01769-LHK

v.

MEMORANDUM*

M. ELIOT SPEARMAN, Warden; et al.,

Defendants-Appellees,

and

P. MULLEN, Appeal Coordinator,

Defendant.

Appeal from the United States District Court for the Northern District of California Lucy H. Koh, District Judge, Presiding

Argued and Submitted January 13, 2022 Pasadena, California

Before: WALLACE and FRIEDLAND, Circuit Judges, and LASNIK,** District Judge. Partial Dissent by Judge FRIEDLAND.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Robert S. Lasnik, United States District Judge for the Western District of Washington, sitting by designation. Plaintiff-Appellant David Peasley, a California prisoner, brought an action

against several prison officials under 42 U.S.C. § 1983, alleging that the officials

were deliberately indifferent to his medical…