Stinson

MEMORANDUM ***

Plaintiff Mark Lee Stinson, a state prisoner, filed this pro se action against Defendants, who are state prison officials, under 42 U.S.C. § 1983 . The district court granted summary judgment to Defendants on two claims and dismissed the third as moot. On de novo review, Delta Savings Bank v. United States, 265 F.3d 1017, 1021 (9th Cir.2001), cert. denied, 534 U.S. 1082 , 122 S.Ct. 816 , 151 L.Ed.2d 700 (2002), we affirm in part and reverse in part.

A. Deliberate Indifference.

Plaintiff is HIV positive. Defendants denied him ice that his doctor had prescribed to alleviate painful side-effects from drug therapy. The issue is whether there is a genuine issue of fact that the denial of ice demonstrated “deliberate indifference to serious medical needs.” Estelle v. Gamble, 429 U.S. 97, 104 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976). Prison officials are deliberately indifferent to a prisoner’s serious medical needs when they “deny, delay, or intentionally interfere with medical treatment” for a serious medical need. Hunt v. Dental Dep’t, 865 F.2d 198, 201 (9th Cir.1989) (citation and internal quotation marks omitted).

There is evidence in this record that prison…