Padilla

Padilla v. Crawford

Good Law
288 F. App'x 389
United States Court of Appeals for the Ninth CircuitAugust 1, 2008No. 06-16017California338 words

Opinion

Lead Opinion

MEMORANDUM **

Raymond Padilla, a Nevada state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials violated his Eighth and Fourteenth Amendment rights by acting with deliberate indifference to his medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Taylor v. List, 880 F.2d 1040, 1044 (9th Cir.1989). We affirm in part, vacate in part, and remand for further proceedings.

The district court properly granted summary judgment to defendant Guinn because Padilla made no allegations that Guinn participated in, or had knowledge of, the alleged misconduct. See Taylor, 880 F.2d at 1045 (explaining there is no respondeat superior liability under section 1983).

The district court improperly granted summary judgment to the remain *391 ing defendants because the record shows that Padilla was denied refills of prescription medicine, and therefore showed the existence of a triable issue. See Wakefield v. Thompson, 177 F.3d 1160, 1164 (9th Cir.1999) (finding that the denial of prescription medicine constituted deliberate indifference to a prisoner’s serious medical needs); see also McGuckin…

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