Watson

Watson v. Veal

Good Law
302 F. App'x 654
United States Court of Appeals for the Ninth CircuitDecember 2, 2008No. 07-16690California369 words

Opinion

lead Opinion

*655 MEMORANDUM **

California state prisoner Jessie Watson appeals pro se from the district court’s judgment dismissing for failure to state a claim his 42 U.S.C. § 1988 action alleging that prison officials were deliberately indifferent to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim pursuant to 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We reverse and remand.

Watson suffers from chronic kidney failure and is a dialysis patient. He alleges that prison nurses recommended that his “dry weight” be increased from 72 kg to 75 kg, that a prison doctor ordered this increase without personally examining him, and that doctors at another medical facility, Queen of the Valley Hospital, recommended that his dry weight should be only 62.5 kg. Watson alleges that as a result of the dry weight increase, he developed a build-up of fluid that caused him to cough hard enough to fracture ribs, and that he suffered heart damage such that he is no longer eligible for a kidney transplant. Watson further alleges that defendants acted with “malice” and “ill due…

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