Vlasich

MEMORANDUM **

California state prisoner Steven Vlasich appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated his Eighth Amendment rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a screening dismissal under 28 U.S.C. § 1915A(a). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We reverse and remand for further proceedings.

Vlasich alleged that he initially refused to turn over his food tray until prison officials would discuss a matter of concern with him. He further alleged that he subsequently agreed twice to turn over his food tray and placed it in the middle of his cell, and that despite his acquiescence, prison officials sprayed him six times with 7-8 second bursts of pepper spray. Viewed in the light most favorable to Vlasich, his allegations support a reasonable inference of wanton infliction of pain in violation of the Eighth Amendment. See Whitley v. Albers, 475 U.S. 312, 320-21 , 106 S.Ct. 1078 , 89 L.Ed.2d 251 (1986) (considering the need for the application of force and the relationship between the need and the amount of force used in evaluating a claim of excessive…