FILED
MAR 25 2010
NOT FOR PUBLICATION
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERIC PATRICK MARTIN, No. 08-15798
Plaintiff - Appellant, D.C. No. 1:04-cv-05358-LJO-GSA
v.
MEMORANDUM *
DAVE WINETT; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Eric Patrick Martin, a California state prisoner, appeals pro se from the
district court’s judgment in his 42 U.S.C. § 1983 action alleging constitutional
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
KV/Research
violations in connection with his placement and retention in administrative
segregation and the secured housing unit. 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), and its summary
judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We affirm in
part, reverse in part, and remand.
The district court properly granted summary judgment on Martin’s denial of
access to the courts claim because Martin failed to raise a genuine issue of material
fact as to whether defendants Aguirre and Huerta frustrated or impeded a non-
frivolous legal claim. See Lewis v. Casey, 518 U.S. 343, 351-53 (1996).
The district court properly granted summary judgment for defendant Gracey
on Martin’s Eighth Amendment claim because Martin failed to raise a genuine
issue of material fact as to whether Gracey was aware of an excessive risk to
Martin’s health due to the lack of water in Martin’s cell. See Toguchi, 391 F.3d at
1057.
However, the district court improperly dismissed Martin’s Eighth
Amendment claim against defendant Winett at the screening stage. Martin alleged
that he was deprived of adequate drinking water and sanitation during his
confinement in segregation which resulted in illness, and that he made Winett
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aware of his alleged hardship. Although the district court dismissed the claim, in
part, because Martin failed to allege facts sufficient to support a claim that the
conditions of his confinement were so extreme that they rose to the level of an
Eighth Amendment violation, the district court also concluded that the same facts
gave rise to a claim for relief against defendant Gracey. See Johnson v. Lewis, 217
F.3d 726, 735 (9th Cir. 2000) (lack of adequate drinking water and sanitation may
constitute substantial deprivations giving rise to Eighth Amendment violation). In
addition, Martin sufficiently alleged that Winett knew of and disregarded an
excessive risk to Martin’s health. See Toguchi, 391 F.3d at 1057. Accordingly, we
reverse and remand for further consideration of this claim.
With respect to Martin’s due process claims against defendants Johnson,
Stainer, and Winett, Martin’s complaint, liberally construed, alleged that the
changes in his confinement caused a “major disruption in his environment.”
Jackson v. Carey, 353 F.3d 750, 756 (9th Cir. 2003). The district court erred in
dismissing these claims at the screening stage because, unlike the inmate facing
summary judgment in Sandin v. Connor, 515 U.S. 472 (1995), Martin need only
“sufficiently allege[] facts that might support a claim entitling him to relief.”
Jackson, 353 F.3d at 756. Accordingly, we reverse and remand for further
consideration of the claims.
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Martin’s remaining contentions are unpersuasive.
Martin’s motion to file a late reply brief and attached excerpts of record is
granted. The Clerk shall file the reply brief and attached excerpts of record
received on February 17, 2009.
The parties shall bear their own costs on appeal.
AFFIRMED in part, REVERSED in part, and REMANDED.
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