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COLWELL v. BANNISTER

No. 12-15844.

763 F.3d 1060 (2014)

John COLWELL, Plaintiff-Appellant, v. Robert BANNISTER and Howard Skolnik, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2014.

Attorney(s) appearing for the Case

Mason Boling (argued) and Lauren Murphy (argued), Certified Law Student Representatives, and Dustin E. Buehler , Supervising Attorney, University of Arkansas Federal Appellate Litigation Project, Fayetteville, AR; Michelle King and Joy Nissen , Certified Law Student Representatives, and Gregory C. Sisk , Supervising Attorney, University of St. Thomas School of Law Appellate Clinic, Minneapolis, MN, for Plaintiff-Appellant.

Catherine Cortez Masto , Attorney General, and Clark G. Leslie (argued), Senior Deputy Attorney General, Office of the Nevada Attorney General, Carson City, NV, for Defendants-Appellees.

Dissent by Judge BYBEE.

OPINION

SILVERMAN, Circuit Judge:

Plaintiff John Colwell, an inmate in the Nevada Department of Corrections, is blind in one eye due to a cataract. It is undisputed that his treating doctors recommended cataract surgery and that the surgery would restore his vision. However, the surgery was denied by NDOC supervisory medical personnel because of the NDOC's "one eye policy" — cataract surgery is refused if an inmate can manage to function in prison...

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