Unpublished Disposition, 894 F.2d 409 (9th Cir. 1990)

ORDER^** 

Appellant John Badea alleges in his affidavit responding to appellees' counter-motion for summary judgment that Dr. Crowley threatened to put him in solitary confinement if Badea complained about his dental condition. A pretrial detainee's Fourteenth Amendment due process rights are at least as great as a convicted prisoner's Eighth Amendment rights. Maddox v. City of Los Angeles, 792 F.2d 1408, 1415 (9th Cir. 1986). Prison officials violate a prisoner's Eighth Amendment rights when they exhibit "deliberate indifference" to the prisoner's serious medical needs. Estelle v. Gamble, 429 U.S. 97, 104 (1976). Our circuit has held that deliberate indifference is shown if prisoners are unable to make their medical problems known to the medical staff. Hoptowitt v. Ray, 682 F.2d 1237, 1253 (9th Cir. 1982).

Here, Badea has raised in his affidavit an issue of fact as to whether Dr. Crowley threatened him. We cannot dismiss Badea's allegation as inherently incredible. Accordingly, the summary judgment is VACATED and the case REMANDED to the district court for further proceedings.