SMITH v. CLARKE

No. 05-2773, 05-3163.

458 F.3d 720 (2006)

Otha SMITH, Appellant, v. Harold CLARKE; Patrick Colerick, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 7, 2006.


Attorney(s) appearing for the Case

Robert W. Chapin, Lincoln, Nebraska, for appellant.

Stephanie Annie Zeeb, argued, Assistant Attorney General, Lincoln, Nebraska, for appellee.

Before ARNOLD and SMITH, Circuit Judges, and MAGNUSON, District Judge.


ARNOLD, Circuit Judge.

Inmate Otha Smith sued Dr. Patrick Colerick and Harold Clarke, the director of the Nebraska Department of Correctional Services, for violation of his civil rights and for negligence. The district court granted the defendants' motion for summary judgment. We affirm in part and reverse in part.

I.

After Mr. Smith accidentally splashed cleaning fluid in his left eye while he was working in the kitchen of a Nebraska prison in March...

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