Lance Jett v. M. Penner, D. Peterson, and Cheryl K. Pliler, Warden

Plaintiff Lance Jett, who 'fractured his right thumb while housed in California State Prison-Sacramento (“CSP-Sacramento”), brought this action against prison doctors, M. Penner and Douglas Peterson, and Warden Cheryl Pliler, alleging Defendants (1) violated his constitutional rights by being deliberately indifferent to his serious medical needs in violation of the Eighth Amendment and (2) violated California Government Code § 845.6 by failing to ensure he timely saw an orthopedist to set and cast his fracture as directed by the initial physician’s aftercare instructions. Mr. Jett appeals the district court order adopting the magistrate judge’s Findings and Recommendation to grant Defendants’ summary judgment motion.

We have jurisdiction over this timely appeal and hold the district court erred in adopting the magistrate’s Findings and Recommendations because (1) Mr. Jett provided sufficient evidence, including medical slips, a letter, and a grievance, to demonstrate the existence of a genuine issue of material fact as to whether Dr. Penner’s failure to see Mr. Jett prior to December 24, 2001, was deliberate indifference; (2) Mr. Jett provided sufficient evidence to demonstrate…