Fews
Fews v. Perez
Opinion
Lead Opinion
*677 MEMORANDUM **
Plaintiff, Calvin Fews, appeals an order of the district court granting summary judgment in favor of the defendant, Lieutenant A. Perez. Fews, a state prisoner, filed a pro se claim under 42 U.S.C. § 1983 against Perez, alleging that Perez was deliberately indifferent to Fews’ serious medical needs, in violation of the Eighth Amendment.
Fews was scheduled for dental surgery at San Quentin State Prison when he was ordered transferred to Corcoran State Prison. Despite the scheduled surgery and Fews’ protests of pain, Perez ordered that the transfer be effectuated. Fews was give temporary pain medication for his trip and Perez believed that Fews would receive prompt medical attention after his arrival at Corcoran State Prison. The district court granted summary judgment on the basis that Perez was entitled to qualified immunity because he acted reasonably. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.
“Deliberate indifference to a prisoner’s serious medical needs violates the Eighth Amendment’s proscription against cruel and unusual punishment.” Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir.2006). First, we agree…