052773P.pdf   08/07/2006  Otha Smith  v.  Harold Clark
   U.S. Court of Appeals Case No:  05-2773
                          and No:  05-3163
   District of Nebraska   
   [PUBLISHED] [Arnold, Author, with Smith, Circuit Judge, and
   Magnuson, District Judge]
   Prisoner case - prisoner civil rights. District court did not err in 
   finding warden was entitled to summary judgment as there was no evidence 
   he had any personal knowledge or involvement in plaintiff's treatment;
   physician was entitled to summary judgment as there was no evidence he
   had any reason to believe plaintiff's eye suffered from a tumor; district
   court did not err in granting defendants' motion for summary judgment
   on plaintiff's Nebraska State Tort Claims Act or in denying plaintiff's
   Rule 60(b) motion; district court erred in finding defendant Colerick was
   a state employee under the Nebraska State Tort Claims Act, as defendant
   Colerick was an independent contractor, and an action against him was
   not subject to the exhaustion requirements of the Act.