John Snow v. E.K. McDaniel

Bad Law
681 F.3d 978·2012 WL 1889774·2012 U.S. App. LEXIS 10646
United States Court of Appeals for the Ninth CircuitMay 25, 201210-16951California5,729 words

Opinion

Opinion

Fletcher, J.

John Snow, a 69-year-old death-row inmate, appeals the grant of summary judgment denying his claims for violations of his rights under the Eighth Amendment. Snow claims that the doctors and wardens in the Nevada Department of Corrections were deliberately indifferent to his medical needs; specifically, the diagnosis by more than one orthopedic surgeon that Snow needed surgery to replace both of his hips, which have degenerated so severely that Snow has excruciating pain and can barely walk. Snow’s medical records and statements by physicians and specialists in the records, and all reasonable interferences in favor of Snow drawn from the records, suggest that the defendants’ actions violated Snow’s Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We reverse in part, affirm in part, and remand.

I

Because this case was resolved at summary judgment, we present the facts in the light most favorable to Snow as the non-moving party. RK Ventures, Inc. v. City of Seattle, 307 F.3d 1045 , 1051 n. 1 (9th Cir.2002).

Snow is a prisoner in the custody of the Nevada Department of Corrections (“NDOC”). Before he began experiencing chronic hip pain in 2004, Snow…

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