Leopoldo Cardenas v. Robert Skillings

29 F.3d 630 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leopoldo CARDENAS, Plaintiff-Appellant, v. Robert SKILLINGS, Defendant-Appellee. No. 93-36095. United States Court of Appeals, Ninth Circuit. Submitted June 20, 1994. * Decided Aug. 1, 1994. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Leopoldo Cardenas, a Washington state prisoner, appeals pro se the district court's entry of summary judgment in his 42 U.S.C. Sec. 1983 action. Cardenas contends that the court erred by concluding that defendant did not act under color of state law as required by section 1983. We reverse and remand. 3 Cardenas alleged in his complaint that his Eighth Amendment rights were violated when defendant, a correctional officer at the prison, stuck his thumb into Cardenas's anal area through his pants. The district court initially dismissed the action as frivolous pursuant to 28 U.S.C. Sec. 1915 (d), finding "the use of force alleged in this incident to be de…