Holloway

MEMORANDUM **

California state prisoner Jeffrey Holloway appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action against prison officials alleging excessive force, unconstitutional conditions of confinement, and due process violations. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Whitmire v. Arizona, 298 F.3d 1134, 1136 (9th Cir.2002), and we affirm in part, reverse in part, and remand.

Holloway alleged that correctional officers attempted to slam his head into a water-filled hole and beat him repeatedly as other correctional officers watched and smiled, even though Holloway did not resist or threaten the correctional officers. Holloway alleged that his resulting injuries included contusions, abrasions and numerous lumps on his head. These allegations are sufficient to state a claim. See Hudson v. McMillian, 503 U.S. 1, 9-10 , 112 S.Ct. 995 , 117 L.Ed.2d 156 (1992) (prison officials use excessive force in violation of the Eighth Amendment when they act maliciously for the purpose of causing harm whether or not significant injury is evident). Thus, the district court erred by…