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HAMBY v. HAMMOND

No. 15-35283.

821 F.3d 1085 (2016)

Fleet C. HAMBY, Plaintiff-Appellant, v. M.D. Steven HAMMOND, Chief Medical Officer, Washington Department of Corrections, in his individual and official capacities; M.D. Sara Smith, Former Facility Medical Director, Stafford Creek Corrections Center, in her individual capacity; Bernard Warner, Secretary, Washington Department of Corrections, in his individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 2016.

Attorney(s) appearing for the Case

Hank Balson , Public Interest Law Group, PLLC, Seattle, WA, argued the cause and filed the briefs for the plaintiff-appellant.

Timothy J. Feulner , Assistant Attorney General for the State of Washington, Olympia, WA, argued the cause and filed the brief for the defendants-appellees. With him on the brief was Robert W. Ferguson , Attorney General for the State of Washington, Olympia, WA.

Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge GOULD.

OPINION

We must decide whether state prison officials can be made to pay damages to a prisoner who claims that they violated his Eighth Amendment rights when they refused to grant his request for hernia surgery.

I

Fleet C. Hamby is an inmate...

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