Giraldes v. Roche

Summary

The Ninth Circuit affirmed in part, vacated in part, and remanded a prisoner’s 42 U.S.C. § 1983 action alleging First Amendment retaliation and Eighth Amendment deliberate indifference to medical needs. The court upheld summary judgment on claims concerning the plaintiff’s knee condition and pain management but remanded claims involving gastrointestinal disease, dumping syndrome, and retaliation for consideration of evidence that treatment decisions may have been medically unacceptable or retaliatory. The court also upheld the denial of appointed counsel.

Holdings

1. Summary judgment was properly granted because Giraldes failed to raise a triable issue that defendants' chosen course of treatment was medically unacceptable under the circumstances.
2. Summary judgment was vacated because the district court did not address whether Giraldes's evidence created a triable issue that defendants refused medically appropriate treatment for retaliatory reasons.
3. Summary judgment was vacated and the claims were remanded because the district court did not consider whether Giraldes's evidence raised a triable issue of retaliation.
4. The district court did not abuse its discretion in denying Giraldes's motions for appointment of counsel because he failed to demonstrate exceptional circumstances.

Questions Presented

1. Whether summary judgment was proper on Giraldes's Eighth Amendment claims concerning his knee condition and need for pain management.
2. Whether the evidence submitted by Giraldes created a triable issue on his Eighth Amendment claims concerning gastrointestinal disease and dumping syndrome.
3. Whether the evidence submitted by Giraldes created a triable issue on his First Amendment retaliation claims.
4. Whether the district court abused its discretion by denying Giraldes's motions for appointment of counsel.

Disposition

reversed_and_remanded