United States Ninth Circuit

Summary judgment against plaintiff-inmate, who was denied cataract surgery because of a Nevada Corrections policy under which surgery can be refused if the inmate can function with one eye, is reversed and remanded for trial, where: 1) the panel held that blindness in one eye caused by a cataract is a serious medical condition; and 2) blanket, categorical denial of medically indicated surgery based solely on a one-eye-is-enough administrative policy demonstrates deliberate indifference.

Appellate Information

• Decided 08/14/2014
• Published 08/14/2014

Judges

• Silverman

Court

• United States Ninth Circuit

Counsel