Court of Appeals for the Ninth Circuit December 5, 2012, 11-16471 (Harry Coles v. Joshua Eagle)

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HARRY J. COLES, No. 11-16471

Plaintiff-Appellant,

D.C. No.

v. 1:09-cv-0167-

LEK-BMK

JOSHUA EAGLE, sued in his

individual capacity; ELTON

ROBERTSON , sued in his individual OPINION

capacity; MICHAEL HISATAKE ; DOE

DEFENDANTS, Unknown Emergency

Room Personnel at Queen’s Medical

Center, sued in his/her individual

capacity; QUEEN ’S