United States Ninth Circuit

Summary judgment for defendants in plaintiff-state prisoner's action brought under 42 U.S.C. section 1983 alleging deliberate indifference to his medical needs in the administration of his medication is: 1) affirmed in part, as to defendant Dr. Bannister, where plaintiff failed to submit evidence raising a genuine issue of material fact that his injury could have been avoided had defendant Bannister implemented a policy allowing for the administration of three pill calls per day; 2) affirmed in part as to defendant warden and nurses, because plaintiff waived his appeal against them in his reply brief; 3) vacated in part and remanded as to defendant Dr. Sussman because the district court abused its discretion in failing to comply with Federal Rule of Civil Procedure 4(m); and 4) vacated in part and second amended complaint to name additional defendants and to discover whether any delays on their part in providing medical treatment caused or exacerbated his Lithium toxicity. .

Appellate Information

• Decided 10/30/2013
• Published 10/30/2013

Judges

• ALARCÓN

Court

• United States Ninth Circuit

Counsel