Kimpel v. Walker, 041812 FED9, 10-56296

Docket Nº:10-56296
Party Name:JAY G. KIMPEL, Plaintiff - Appellant, v. ROBERT WALKER, Doctor; P. JAYASUNDARA, N.P., Defendants-Appellees.
Judge Panel:Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Case Date:April 18, 2012
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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JAY G. KIMPEL, Plaintiff - Appellant,

v.

ROBERT WALKER, Doctor; P. JAYASUNDARA, N.P., Defendants-Appellees.

No. 10-56296

United States Court of Appeals, Ninth Circuit

April 18, 2012

NOT FOR PUBLICATION

Submitted April 17, 2012 [**]

Appeal from the United States District Court for the Southern District of California No. 3:08-cv-01734-LAB-JMA, Larry A. Burns, District Judge, Presiding

Before: LEAVY, PAEZ, and BEA, Circuit Judges.

MEMORANDUM [*]

Former California state prisoner Jay G. Kimpel 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. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). We reverse and remand.

The district court concluded that Kimpel failed to allege either the deprivation of a serious medical need or that defendants acted with deliberate indifference to his needs. However, Kimpel alleged that defendants discontinued his prescription medication needed to treat serious nerve damage in his arm, causing him unbearable pain for almost a year; that they found Kimpel's consequent suffering to be "funny"; and that they attempted to interfere with medical treatment Kimpel sought from other doctors. These allegations are sufficient to state an Eighth Amendment violation. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) (prison official is deliberately indifferent if he knew that prisoner faced a substantial risk of harm and disregarded that risk); Jett v. Penner, 439 F.3d 1091, 1095, 1097-98 (9th Cir. 2006) (two month delay in receiving treatment for fractured thumb and nineteen-month delay in being seen by hand specialist, causing pain and diminished use of hand, is sufficient...

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