Legal Opinion
John Colwell v. Robert Bannister
Court of Appeals for the Ninth Circuit
Decided August 14, 2014No. 12-15844PublishedCited by 625 opinions
1Opinion of the Court
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 with one eye.
We hold today, as numerous other courts considering the question have, that blindness in one eye caused by a…
2Cases cited21 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Farmer v. BrennanSupreme Court of the United States · 1994
- Whitley v. AlbersSupreme Court of the United States · 1986
- Toguchi v. Soon Hwang ChungCourt of Appeals for the Ninth Circuit · 2004
- Lance Jett v. M. Penner, D. Peterson, and Cheryl K. Pliler, WardenCourt of Appeals for the Ninth Circuit · 2006
16 more not listed; retrieve them via the Exa API.
3Cited by625 opinions
- Philip Rosati v. Dr. IgbinosoCourt of Appeals for the Ninth Circuit · 2015
- Adree Edmo v. Corizon, Inc.Court of Appeals for the Ninth Circuit · 2019
- Reiyn Keohane v. Florida Department of Corrections SecretaryCourt of Appeals for the Eleventh Circuit · 2020
- Norsworthy v. BeardDistrict Court, N.D. California · 2015
- Haywood v. HathawayCourt of Appeals for the Seventh Circuit · 2016
620 more not listed; retrieve them via the Exa API.