In an inmate's action under 42 U.S.C. section 1983 and the ADA against a registered nurse at the Correctional Facility, judgment of the district court is affirmed in part, reversed in part, and remanded where: 1) district court's denial of summary judgment on plaintiff's Eighth Amendment claim is reversed as defendant's decision was based on her understanding of the prison policies specified in the Guidelines and did not evince deliberate indifference to the risks plaintiff faced from other prisoners; 2) district court's denial of a claim of sovereign immunity is affirmed on the a different ground that the third prong of Georgia requires that it not be determined whether sovereign immunity is at issue because plaintiff has alleged conduct that violates the ADA and the Fourteenth Amendment independently; 3) district court's denial of defendant's summary judgment on plaintiff's Fourteenth Amendment claim is affirmed; and 4) plaintiff's motion for appointment of counsel pursuant to 6th Cir. R. 34(j)(2)(C) is denied as plaintiff has more than adequately represented himself.
Argued: October 13, 2009
Decided and Filed: January 5, 2010
Opinion by Circuit Judge Gibbons
For Appellant: John L. Thurber, Office of the Michigan Attorney General
For Appellee: Ned Mingus, pro se