SNOW v. McDANIEL

No. 10-16951.

681 F.3d 978 (2012)

John Oliver SNOW, Plaintiff-Appellant, v. E.K. McDANIEL, in his official capacity as Warden at Ely State Prison (ESP); Debra Brooks, in her official capacity as Associate Warden for Operations at ESP; Adam Endel, in his official capacity as Associate Warden for Programs at ESP; Robert Bannister, M.D. Medical Director for Nevada Department of Corrections; Steven MacArthur; Max Carter, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Resubmitted May 25, 2012.

Filed May 25, 2012.

Submission Withdrawn October 24, 2011.


Attorney(s) appearing for the Case

Marc Picker (argued), Angela Lightner , Marc Picker, Esq., Ltd., Reno, NV, for the appellant.

Clark G. Leslie , Senior Deputy Attorney General, Carson City, NV, for the appellees.

Before: BETTY B. FLETCHER, STEPHEN REINHARDT, and A. WALLACE TASHIMA, Circuit Judges.


OPINION

B. FLETCHER, Circuit Judge:

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...

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