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Jerry B. Balisok v. Ronald Fleck George Kuzma Barry Kellogg

Citations: 15 F.3d 1082; 1993 U.S. App. LEXIS 37444; 1993 WL 524311Docket: 93-35485

Court: Court of Appeals for the Ninth Circuit; December 16, 1993; Federal Appellate Court

Narrative Opinion Summary

The case involves the appeal of a Washington state prisoner whose 42 U.S.C. § 1983 action was dismissed as frivolous by the district court. The prisoner alleged deliberate indifference by three medical doctors to his serious medical needs, specifically concerning inadequate care and treatment delays for lumps on his chest and a chronic eye infection. The Ninth Circuit holds jurisdiction under 28 U.S.C. § 1291 and reviews the dismissal for abuse of discretion. It emphasizes that a complaint should not be dismissed as frivolous if it presents an arguable legal question. The court notes the necessity for the plaintiff to demonstrate deliberate indifference to serious medical needs, which may involve denial, delay, or interference with medical treatment causing substantial harm. The allegations presented by the prisoner, including the ineffective and delayed medical treatments provided by the defendants, are deemed to constitute an arguable § 1983 claim. Consequently, the Ninth Circuit vacates the district court's dismissal and remands the case for further proceedings, stating that the dismissal was an abuse of discretion. The court's decision is unpublished and cannot be cited except under specific rules. The issue of whether the sua sponte dismissal under Rule 12(b)(6) was appropriate remains unresolved.

Legal Issues Addressed

Citation of Non-Published Dispositions

Application: The Ninth Circuit emphasizes that non-published dispositions are not to be cited except under specific legal doctrines.

Reasoning: Ninth Circuit Rule 36-3 indicates that non-published dispositions should not be cited except under specific legal doctrines.

Elements of § 1983 Claim for Medical Indifference

Application: To substantiate a § 1983 claim for inadequate medical care, a plaintiff must prove deliberate indifference to serious medical needs by the defendants.

Reasoning: To substantiate a § 1983 claim for inadequate medical care, the plaintiff must show that the defendants’ actions constituted deliberate indifference to serious medical needs, which can be indicated by the denial, delay, or interference with treatment, or the manner of care provided.

Frivolous Dismissal Standard under 28 U.S.C. § 1915(d)

Application: The court clarifies that dismissal for frivolousness is inappropriate if the complaint raises an arguable legal question.

Reasoning: It notes that complaints deemed frivolous can be dismissed under 28 U.S.C. § 1915(d) before service but clarifies that dismissal for frivolousness is not appropriate if the complaint raises an arguable legal question.

Requirement for Substantial Harm in Delay of Treatment

Application: For a § 1983 claim, any delay in medical treatment must result in substantial harm to be actionable.

Reasoning: The delay must result in substantial harm.

Standard of Review for Abuse of Discretion

Application: The Ninth Circuit reviews the district court's dismissal of a § 1983 action for abuse of discretion.

Reasoning: The Ninth Circuit has jurisdiction under 28 U.S.C. § 1291 and reviews for abuse of discretion.

Sua Sponte Dismissal under Fed. R. Civ. P. 12(b)(6)

Application: The appropriateness of sua sponte dismissal under Rule 12(b)(6) remains unresolved in this case.

Reasoning: The appropriateness of sua sponte dismissal under Fed. R. Civ. P. 12(b)(6) remains unresolved.