FILED
NOT FOR PUBLICATION JAN 10 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MELVIN ANDREW JONES, No. 10-56325
Plaintiff - Appellant, D.C. No. 2:05-cv-02091-JHN-CW
v.
MEMORANDUM *
STEVE LOPEZ, P T,
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
Jacqueline H. Nguyen, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Melvin Andrew Jones, a civilly committed patient at a California state
hospital, appeals pro se from the district court’s summary judgment in his 42
U.S.C. § 1983 action alleging excessive force. We have jurisdiction under 28
U.S.C. § 1291. We review de novo. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.
*
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).
2004). We reverse and remand.
The district court granted summary judgment to Lopez on the ground that
Jones offered no evidence showing that Lopez intentionally struck him. We
disagree. In his verified brief opposing summary judgment, Jones stated that
Lopez struck him in the mouth and that Lopez acted deliberately. The district
court also failed to view the evidence in the light most favorable to Jones when it
speculated that Lopez may have inadvertently struck Jones in the mouth. We
therefore reverse and remand for further proceedings.
Jones’s remaining contentions, including those concerning discovery and his
status as a civilly committed individual, are unpersuasive.
REVERSED and REMANDED.
2 10-56325