Charles L. ROBINS, Plaintiff-Appellee, v. B. MEECHAM, C/O, D. Morris, SC/O, G. Cox, C/O, Defendants-Appellants

Nevada state correctional officers Robert Meecham, Daniel Morris, and Glen Cox appeal the district court’s denial of their motion for reconsideration of the district court’s order denying their motion for summary judgment. Inmate Charles L. Robins sued the correctional officers for violating his Eighth Amendment rights, pursuant to 42 U.S.C. § 1983 . Robins was injured when bird shot fired by Meecham at another inmate ricocheted under Robins’s cell door and allegedly lodged in his foot.

Background

On December 26, 1991, a breach of prisoner discipline occurred in the condemned men’s unit of Ely State Prison when inmate Echavarria refused a direct order to lock up. The incident resulted in Officer Meecham firing a round of bird shot at inmate Eeha-varria. A few pellets of bird shot came under Robins’s cell door and allegedly lodged in his foot. Robins was treated at the prison infirmary.

Robins filed suit against Correctional Officers Meecham, Morris, and Cox for violation of the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments, pursuant to 42 U.S.C. § 1983 . The officers filed a motion for summary judgment on the grounds that no constitutional violation had been…