Phillip Lyons v. Patricia Leonhardt

MEMORANDUM

Phillip J. Lyons (“Lyons”), a Nevada state inmate, timely appeals two district court orders granting summary judgment against him with respect to civil rights claims that he brought pursuant to 42 U.S.C. § 1983 . Lyons alleges that defendants, Nevada prison officers and medical personnel, violated his First Amendment right to petition the government for redress of his grievances and his Eight Amendment right to be free from excessive force and deliberate indifference to his serious medical needs. His claims under the Nevada Constitution are waived on appeal because he did not raise them in the district court.

We affirm the grant of summary judgment on the excessive force claim, on the First Amendment claim as to defendant Ollie Powe, and on the deliberate indifference claim as to defendants Patricia Leonhardt, Theodore D’Amico, Jackie Crawford, James Cox, Joseph Ferro, and Leonard Vare. We reverse on the deliberate indifference claim as to defendant Dr. John Scott, and on the First Amendment claim as to defendants Jay Barth, Paul Lunkwitz, and Santerren Ward.

The evidence submitted on summary judgment, viewed in a light most favorable to the nonmoving party, was…