Lolli
Lolli v. County of Orange
Opinion
Lead Opinion
Fisher, J.
Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge O’SCANNLAIN
OPINION
John Kenneth Lolli brought this 42 U.S.C. § 1983 case against Orange County and a number of the Orange County Sheriffs Department officers challenging his treatment in the Orange County Men’s Jail in October 1999. He claims that the officers violated his federal constitutional rights and state law through the excessive force they used against him and their deliberate indifference to his serious medical needs related to his Type I diabetes. The district court granted summary judgment in favor of the County and the officers and dismissed the case. Lolli filed a motion for reconsideration, which the district court denied. Lolli now appeals, arguing that genuine issues of material fact prevent summary judgment. We agree with Lolli as to his claims against some of the individual officers and we therefore affirm in part, reverse in part and remand.
FACTUAL AND PROCEDURAL BACKGROUND
At approximately 6:30 P.M. on October 5, 1999, the night of Lolli’s 34th birthday, an Orange County Sheriffs Department deputy stopped him for a bicycle infraction and then arrested him for an outstanding warrant…
Concurrence in Part
Scannlain, J.
concurring in part and dissenting in part.
I concur in Parts A, B, C, and F of the court’s opinion, but I must respectfully dissent from the majority’s conclusion in Parts D and E. I would affirm the district court’s grant of summary judgment in favor of Sergeant Toledo and Deputies Walker, Finlay, Baum, Richards, and Kent on Lolli’s medical needs claim.
To establish that officials were indifferent to his medical needs, Lolli was required to show that “the official ... both [was] aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he ... also [drew] the inference.” Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994); see also Gibson v. County of Washoe, 290 F.3d 1175, 1196-97 (9th Cir.2002). In this ease, viewing the facts in the light most favorable to Lolli, all that can be said is that some deputies knew he was diabetic. He has made no showing that any of the deputies knew of the risk to him if he did not receive food— or, to put it in the language of the controlling legal standard, that deputies actually drew the inference that Lolli was at a substantial risk of serious harm.