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JOHNSON v. MELTZER

No. 95-56404.

134 F.3d 1393 (1998)

Charles Wayne JOHNSON, Plaintiff-Appellant, v. Hal MELTZER, M.D.; Lawrence F. Marshall, M.D.; and University of California at San Diego Medical Center; Jeffrey Lierly, CHP Officer; P.G. Herrera; D. Elgin, CHP Officer; and R.W. Visconti, Sheriff's Deputy, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 27, 1998.

Attorney(s) appearing for the Case

Charles Wayne Johnson, Pro per, Tehachapi, California, defendant-appellant.

James E. Friedhofer, Lewis, D'Amato, Brisbois & Bisgaard, San Diego, California, for defendants-appellees Meltzer and Marshall; Nathan C. Northrup, Deputy, County Counsel, County of San Diego, for defendant-appellee Visconti; Karen M. Walter, Deputy Attorney General, State of California, San Diego, California, for defendants-appellees Lierly and Herrera.

Before: LAY, GOODWIN and REINHARDT, Circuit Judges.

GOODWIN, Circuit Judge:

Charles Johnson appeals the summary judgment that terminated his 42 U.S.C. § 1983 action against all defendants for the administration of an experimental drug without his consent. Because he raised issues of material fact sufficient to preclude summary judgment against all defendants except P.G. Herrera, we reverse and remand.

Facts and Procedural Background

Johnson is a California state prisoner. While driving a stolen...

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