CHARLES MANLEY, Plaintiff-Appellant, v. MICHAEL ROWLEY, Officer; ALAN ZIMMER; GLENN HAMMOCK; SCOTT MANNING; STATE OF NEVADA, Nevada Department of Corrections; E. K.MCDANIEL; RENEE BAKER, Warden, Defendants-Appellees., 847 F.3d 705

Summary

HOLDINGS: [1]- A prisoner's motion to strike was granted because prison officials' Fed. R. App. P. 28(j) letter offered no new authorities, but rather sought to supplement the record with new evidence; [2]-The summary judgment record indicated that a genuine dispute of material fact existed regarding whether prison officials' use of force resulted in the unnecessary and wanton infliction of pain or suffering; [3]-The district court correctly entered summary judgment on the prisoner's deliberate indifference claim because the prisoner failed to exhaust his administrative remedies, as required by the PLRA; [4]-The district court was instructed to reassign the case to a different district judge on remand.