Background
Damon L. Campbell, a Nevada state prisoner, filed a pro se action under 42 U.S.C. Section 1983 alleging Eighth Amendment violations after being pepper sprayed. He appealed the district court’s summary judgment ruling which had granted judgment for most defendants.
The court’s reasoning
The court reviewed the case de novo. It found the district court properly granted summary judgment for Williams, Nash, George, and McKeehan because Campbell failed to raise a genuine dispute of material fact regarding their awareness of a substantial risk of serious harm. The court also found no error in the sua sponte summary judgment for George. However, the court vacated summary judgment for Ashcraft because Campbell provided evidence that he asked Ashcraft for a towel, soap, and shower shoes due to ongoing burning from the pepper spray. The court noted that officials may be deliberately indifferent if they are aware of harmful effects and refuse to provide medical care or hygiene items. The district court had not considered this evidence.
What it means going forward
The case returns to the district court for a new consideration of the claim against Officer Ashcraft, while the judgments against the other defendants stand.
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