United States Ninth Circuit

In a prisoner's suit under 42 USC section 1983 alleging that the doctors and wardens in the Nevada Department of Corrections were deliberately indifferent to his medical needs in violation of the Eighth Amendment, summary judgment to the defendants is reversed in part, where: 1) a reasonable jury could have found that the defendants acted with deliberate indifference to the prisoner's medical needs when they refused to authorize recommended joint-replacement surgery; and 2) the prisoner presented sufficient evidence to support a finding that he was substantially harmed by the defendants' refusal to treat his hip condition as recommended.

Appellate Information

• Decided 05/25/2012
• Published 05/25/2012

Judges

• B. Fletcher

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marc Picker, Clark G. Leslie