Prewitt

MEMORANDUM ***

Rex Allen Prewitt appeals from the district court’s order granting summary judgment and dismissing his claims under 42 U.S.C. § 1983 on account of the defendants’ qualified immunity. Reviewing de novo, Balint v. Carson City, 180 F.3d 1047, 1050 (9th Cir.1999) (en banc), we vacate the district court’s order in part.

“In order to defeat summary judgment ... [Prewitt] must show that he was (1) confined under conditions posing a risk of objectively, sufficiently serious harm and (2) that the officials had a sufficiently culpable state of mind in denying the proper medical care.” Lolli v. County of Orange, 351 F.3d 410, 419 (9th Cir.2003) (internal quotation marks and citations omitted). Taking the evidence in the light most favorable to Prewitt, he has established a constitutional violation by alleging that the defendants acted with deliberate indifference 1 to serious medical needs by failing to provide his pain medication at the times and frequency specifically and repeatedly prescribed by Prewitt’s doctors and by failing to follow post-surgical discharge instructions to provide pillows to elevate Prewitt’s injured hand. See Lopez v. Smith, 203 F.3d 1122, 1131-32…