United States Ninth Circuit

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Akhtar v. Mesa, 11-16629

In a prisoner's civil rights suit alleging deliberate indifference to serious medical needs, district court's dismissal of the complaint is vacated and remanded where: 1) given plaintiff's pro se status, limited English skills and disabilities, the district court erred by refusing to consider arguments that plaintiff raised for the first time in his objections to a magistrate judge's findings and recommendations on defendants' motion to dismiss; 2) plaintiff had provided enough detail in his administrative grievance to exhaust his Eighth Amendment claim because the grievance gave notice that defendants had failed to comply with plaintiff's medical "chrono" requiring him to be housed in a ground-floor cell; 3) the complaint set forth sufficient facts to show that defendants were deliberately indifferent when they failed to comply with the medical chrono; and 4) the district court erred by dismissing the complaint without explaining the deficiencies in the complaint and without providing plaintiff notice pursuant to Rand v. Rowland.

Appellate Information

  • Decided 11/05/2012
  • Published 11/05/2012


  • Alarcon


  • United States Ninth Circuit