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JACKSON v. McINTOSH

No. 94-16741.

90 F.3d 330 (1996)

Raymond D. JACKSON, Plaintiff-Appellee, v. Duncan A. McINTOSH; David Victorino, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 11, 1996.

As amended on Denial of Rehearing and Rehearing July 18, 1996.

Attorney(s) appearing for the Case

Kathleen E. Gnekow and William V. Cashdollar, Deputy Attorney Generals, Sacramento, California, for defendants-appellants.

Amitai Schwartz and Antonio Ponvert, III, San Francisco, California, for plaintiff-appellee.

Before: KOZINSKI and JOHN T. NOONAN, Jr., Circuit Judges, and BREWSTER, District Judge.

As amended on Denial of Rehearing and Rehearing En Banc July 18, 1996.*

OPINION

NOONAN, Circuit Judge:

Raymond D. Jackson, a state prisoner on dialysis, brought suit under 42 U.S.C. § 1983 contending that Dr. Duncan McIntosh and Dr. David Victorino had violated his rights under the Eighth Amendment by refusing him a kidney transplant. The doctors moved for summary judgment on the ground of qualified immunity. The...

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