Snow v. McDaniel, et al., No. 10-16951 (9th Cir. 2012)
Annotate this CasePlaintiff, a 69-year-old inmate, appealed the grant of summary judgment denying his claims for violations of his rights under the Eighth Amendment. Plaintiff claimed that the doctors and wardens in the Nevada Department of Corrections were deliberately indifferent to his medical needs. The court held that the district court improperly concluded that there was a mere disagreement of medical opinion in this case and did not identify the triable issues of fact. Because plaintiff had not yet had his hip surgery, and may or may not be eligible for surgery, his claim for injunctive relief was not moot and should be addressed on remand. Accordingly, the court reversed in part, affirmed in part, and remanded in part.
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