Webster Salasker Lucas v. Department of Corrections California Men's Colony-West

Webster S. Lucas, a California state prisoner, appeals pro se the district court’s sua sponte dismissal of his 42 U.S.C. § 1983 action. Lucas alleged that the Department of Corrections and the California Men’s Colony-West (“CMC-West”) (collectively “appel-lees”) showed deliberate indifference to his safety and serious medical needs when they maintained an unsafe prison drainage system and provided inadequate medical treatment to him after he fell into an uncovered drainage ditch. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand for further proceedings.

Lucas contends that the district court erred by dismissing his action, prior to issuance and service of process, without giving Lucas a reasonable opportunity to address the merits of appellees’ “special report.” We agree.

Lucas is a state prisoner confined in California Men’s Colony-West in San Luis Obis-po, California. Lucas alleged in his complaint that he fell into an uncovered drainage ditch in front of the prison dormitory area on August 15, 1992, injuring his right foot and ankle. On September 2, 1992, Lucas filed a civil rights action in district court asserting violations of his Eighth Amendment…