United States Sixth Circuit

In an inmate's action under 42 U.S.C. section 1983 and the ADA against a registered nurse at the Correctional Facility, judgment of the district court is affirmed in part, reversed in part, and remanded where: 1) district court's denial of summary judgment on plaintiff's Eighth Amendment claim is reversed as defendant's decision was based on her understanding of the prison policies specified in the Guidelines and did not evince deliberate indifference to the risks plaintiff faced from other prisoners; 2) denial of a claim of sovereign immunity is affirmed on a different ground that the third prong of United States v. Georgia, 546 U.S. 151, 159 (2006), requires that it not be determined whether sovereign immunity is at issue because plaintiff has alleged conduct that violates the ADA and the Fourteenth Amendment independently; 3) denial of summary judgment for defendant on plaintiff's Fourteenth Amendment claim is affirmed; and 4) plaintiff's motion for appointment of counsel pursuant to 6th Cir. R. 34(j)(2)(C) is denied as plaintiff has more than adequately represented himself.

Appellate Information

• Decided 01/05/2010
• Published 01/05/2010

Judges

• Before O'CONNOR, Associate Justice; GILMAN and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• ON BRIEF:John L. Thurber, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Ned Mingus, Jackson, Michigan, pro se.