Otha Smith v. Harold Clarke Patrick Colerick

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, 1999, he complained of pain and asked to see a doctor. The record reflects that an eye examination was scheduled for him in June of that year, but…