Tom Reischmann v. Samuel A. Lewis

985 F.2d 574 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tom REISCHMANN, Plaintiff-Appellant, v. Samuel A. LEWIS, et al., Defendants-Appellees. No. 92-15890. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 5, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Tom Reischmann appeals pro se the district court's summary judgment in favor of defendants in his 42 U.S.C. § 1983 civil rights action. Reischmann contends that state prison officials violated his eighth and fourteenth amendment rights when they knowingly exposed him to tuberculosis by housing him with an infected inmate and failed to treat cysts and lumps on his back and ears. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part and reverse and remand in part. 3 We review a district court's grant of summary judgment de novo to determine whether, viewing the evidence in the light most favorable…