Gary W. Bernard v. Samuel Lewis

21 F.3d 1111 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary W. BERNARD, Plaintiff-Appellant, v. Samuel LEWIS, et al., Defendants-Appellees. No. 93-16978. United States Court of Appeals, Ninth Circuit. Submitted March 24, 1994. * Decided March 31, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Gary W. Bernard, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of the defendants in his 42 U.S.C. Sec. 1983 action. We review de novo. Terrell v. Brewer, 935 F.2d 1015, 1018 (9th Cir.1991). We affirm in part, and vacate and remand in part. 3 * Bernard contends that his Eighth Amendment rights were violated because the defendants were deliberately indifferent to his chronic back pain. In particular, Bernard complains that (1) he was improperly assigned to a top bunk, and that climbing into and out of bed aggravated his back injury; and (2) the medication he received did not relieve his back pain. 1 4 To…