Brown

Brown v. Hand

Good Law
79 F. App'x 995
United States Court of Appeals for the Ninth CircuitNovember 5, 2003No. 02-15679; DC No. CV 97-01320 LKKCalifornia642 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Ricky Earl Brown, a state prisoner, appeals the judgment of the district court granting summary judgment in favor of Defendant-Appellees, Sandra Hand and Linda Barz (collectively, *996 “Barz”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

We review a grant of summary judgment de novo. Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002). We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Id.

The district court erred in granting summary judgment in favor of Barz because genuine issues of material fact remain as to whether Barz was deliberately indifferent to Brown’s serious medical needs. 1 First, there is a triable issue of fact as to whether Barz caused Brown to suffer a “sufficiently serious” medical deprivation within the meaning of the Eighth Amendment. See Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (stating that “the deprivation alleged must be, objectively, sufficiently serious”) (internal quotation marks…

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