Daniel L. Breese v. CORRECTIONAL HEALTH, Medical Provider Contracted;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DANIEL L. BREESE,
Plaintiff-Appellant,
v.
CORRECTIONAL HEALTH, Medical
Provider Contracted; et al.,
Defendants,
and
UNKNOWN PARTY, Medical Staff Nurse;
et al.,
Defendants-Appellees.
No. 20-16020
D.C. No. 2:19-cv-01026-MTL-
ESW
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Michael T. Liburdi, District Judge, Presiding
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
AUG 24 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 20-16020
Arizona state prisoner Daniel L. Breese appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging inadequate
medical care while he was a pretrial detainee. We have jurisdiction under 28
U.S.C. § 1291. We review de novo the district court’s dismissal under 28 U.S.C.
§ 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We reverse and
remand.
The district court dismissed Breese’s claims for deliberate indifference
regarding defendants’ treatment of Breese’s back condition because Breese failed
to state a plausible claim. However, Breese alleged that he informed Doe medical
staffers about pain in his back where he had recently had surgery, and provided the
sheriffs with instructions for post-operative back care that the jail medical staff
failed to follow. Liberally construed, these allegations “are sufficient to warrant
ordering [defendants] to file an answer.” Wilhelm v. Rotman, 680 F.3d 1113, 1116
(9th Cir. 2012); see also Gordon v. County of Orange, 888 F.3d 1118, 1124-25
(9th Cir. 2018) (Fourteenth Amendment claim for inadequate medical care
involves objective deliberate indifference). We therefore reverse the judgment and
remand for further proceedings.
REVERSED and REMANDED.

-- 2 of 2 --