United States Ninth Circuit

In a 42 U.S.C. section 1983 case alleging deliberate indifference to prisoner-plaintiff's medical needs due to the improper denial of two grievance forms seeking dental care, the District Court's grant of summary judgment to defendants is reversed where:1) Rand and Wyatt notices must be served concurrently with motions to dismiss and motions for summary judgment so that pro se prisoner plaintiffs will have fair, timely and adequate notice of what is required of them in order to oppose those motions; and 2) notices served at a time when defendants have not yet filed motions to dismiss or motions for summary judgment (and may never file such motions) do not sufficiently serve that purpose.

Appellate Information

• Decided 07/08/2012
• Published 07/06/2012

Judges

• REINHARDT

Court

• United States Ninth Circuit

Counsel