Mitchell v. County of Orange

MEMORANDUM **

California state prisoner Robert Mitchell appeals pro se the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging Orange County sheriffs deputies violated his civil rights by knowingly placing him in a jail cell with a dangerous inmate, thereby subjecting him to attack by this inmate, and then intentionally fracturing his ribs after stopping the inmate’s assault. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a grant of summary judgment, Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000), and review for an abuse of discretion the denial of a motion to amend, DCD Programs, LTD. v. Leigh-ton, 833 F.2d 183, 186 (9th Cir.1987). We reverse in part, vacate in part, and remand.

The district court abused its discretion by denying plaintiffs motion to amend his complaint to substitute the real names of five “Deputy Does.” Delay alone is not reason to preclude an amendment and there was not a sufficient showing of prejudice. See id. at 187-88 . Accordingly, we reverse the district court’s order denying plaintiffs motion to amend the complaint. See id. at 190 .

On the record before us, we are unable to review the grant of…