Opinion
No. 15-17319
11-01-2016
ROBERT SCANLAN, Plaintiff-Appellant, v. TRAN, Officer badge #53054; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 1:15-cv-00282-LJO-JLT MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Lawrence J. O'Neill, Chief Judge, Presiding Before: LEAVY, GRABER, and GOULD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Former California state prisoner Robert Scanlan appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915(e)(2). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998). We affirm in part, reverse in part, and remand.
Scanlan alleged that at his arrest and booking, he told defendants that he was suffering from broken teeth sustained in an altercation the day before. Scanlan also alleged that he was in serious pain, that defendants failed to respond, and that one month later a dental x-ray confirmed that Scanlan needed two teeth extracted. Liberally construed, these allegations of defendants' deliberate indifference to Scanlan's serious medical need, stemming from his broken teeth, were "sufficient to warrant ordering [defendants] to file an answer." Wilhelm v. Rotman, 680 F.3d 1113, 1116 (9th Cir. 2012). Scanlan's allegations as to his other injuries and ailments are not sufficient to state a deliberate indifference claim. See Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (deliberate indifference requires showing of harm "caused by" the alleged indifference).
Accordingly, we reverse the district court's judgment only as to Scanlan's deliberate indifference claim stemming from his broken teeth, and remand for further proceedings as to that claim only.
The parties shall bear their own costs on appeal.
AFFIRMED in part, REVERSED in part, and REMANDED.