Jon Corso v. John Doe 1

MEMORANDUM

Hawaii state prisoner Jon Thomas Corso appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging Eighth Amendment violations in connection with a fall he sustained in the prison showers. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm in part, reverse in part, and remand.

The district court properly dismissed Corso’s claim of deliberate indifference to his medical needs because the complaint failed to allege facts suggesting that the defendant acted with deliberate indifference. See Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir.1996) (“[A] plaintiff’s showing of nothing more than a difference of medical opinion as to the need to pursue one course of treatment over another was insufficient, as a matter of law, to establish deliberate indifference.” (internal quotations omitted)).

The district court, however, prematurely dismissed Corso’s deliberate indifference to prison conditions claim at screening. Corso’s allegations are sufficient to suggest deliberate indifference in that prison officials knew the slippery…