Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
State prisoner brought suit under § 1983 against prison employee, alleging a violation of his Eighth Amendment rights. The United States District Court for the Northern District of California, Thelton E. Henderson, J., dismissed complaint. Prisoner appealed. The Court of Appeals held that prisoner sufficiently alleged deliberate indifference on part of prison officials to prisoner's serious medical needs, as required to state Eighth Amendment claim.
Vacated and remanded.
Page 591.
Appeal from the United States District Court for the Northern District of California, Thelton E. Henderson, District Judge, Presiding.
Before LEAVY, THOMAS, and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Gregorio C. Funtanilla, Jr., a California state prisoner, appeals pro se from the district court's dismissal pursuant to 28 U.S.C. § 1915A(b)(1) of his 42 U.S.C. § 1983 action, alleging Eighth Amendment claims. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo dismissals for failure to state a claim under 28 U.S.C. § 1915A, see Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we vacate and remand.
We conclude that Funtanilla adequately alleged deliberate indifference under the Eighth Amendment. See Farmer v. Brennan, 511 U.S. 825, 834, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). Specifically, Funtanilla alleged that while he was in the suicide prevention cell, "defendant Rubles observed him once during the night cutting his arm." (Complaint at 2, § 10). See Farmer, 511 U.S. at 837, 114 S.Ct. 1970 (holding prison official is deliberately indifferent if he knew that prisoner faced a substantial risk of harm and disregarded that risk); Wallis v. Baldwin, 70 F.3d 1074, 1077 (9th Cir.1995) (indicating circumstantial evidence may be sufficient to show prison official's knowledge of risk). Funtanilla also alleged that Rubles left the hospital "after 3 A.M.," and that he was not removed from the suicide prevention cell until 5 A.M., covered in his own blood. See Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir.1987) (indicating at dismissal all reasonable inferences are drawn in favor of the plaintiff).
Accordingly, we vacate and remand for further proceedings not inconsistent with this order.
VACATED and REMANDED.