United States Ninth Circuit

In a prisoner suit under 42 U.S.C. section 1983 claiming that defendant violated plaintiff's Eighth Amendment rights by depriving him of meals, summary judgment for defendant is reversed where defendant was not entitled to qualified immunity since: 1) a jury could find that plaintiff suffered a sufficiently serious deprivation and that defendant was deliberately indifferent to the obvious risk of harm; and 2) it is clearly established under the Eighth Amendment that prison officials are obligated to provide inmates with nutritionally adequate meals on a regular basis.

Appellate Information

• Decided 02/05/2009
• Published 02/05/2009

Judges

• COWEN, Circuit Judge:, Before:  ROBERT E. COWEN,SIDNEY R. THOMAS and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ronald P. Foster, SVSP, Salinas Valley State Prison, Soledad, CA, for the appellant, pro se.


• For Appellees:
  
• Megan R. O'Carroll, Esq., and Constance L. Picciano, Esq., Office of the California Attorney General, Sacramento, CA, for the appellee.