42 U.S.C. § 1983 Claim For Denial Of Medical Care

14 Florida cases classified under this topic · sorted by citation count · browse and sort

• Meade v. Grubbs
  841 F.2d 1512· 10th Cir.· 1988-03-11 ·cited 100×
  The court held that the district court abused its discretion by dismissing the case for violation of a local rule and that the plaintiff's allegations sufficiently stated a claim for excessive force under 42 U.S.C. § 1983. However, state officials sued in their official capacitie
• Hampton v. Holmesburg Prison Officials. Appeal of Richard Burk
  546 F.2d 1077· 3d Cir.· 1976-12-28 ·cited 79×
  A prisoner's claim of denial of medical care rises to a constitutional violation under 42 U.S.C. § 1983 only if it demonstrates deliberate indifference to serious medical needs, not mere negligence or malpractice. The plaintiff failed to prove such deliberate indifference.
• Fitzke v. Shappell
  468 F.2d 1072· 6th Cir.· 1972-10-03 ·cited 73×
  The court held that the allegations of the complaint, if true, stated a cause of action under 42 U.S.C. § 1983 for denial of necessary medical care during incarceration, and that the submitted affidavits did not negate genuine issues of material fact, thus precluding summary judg
• Malone v. Colyer
  710 F.2d 258· 6th Cir.· 1983-06-22 ·cited 14×
  The court held that a pro se complaint is frivolous under 28 U.S.C. § 1915(d) if it appears beyond doubt that the plaintiff can prove no set of facts entitling them to relief, adopting the standard from Estelle v. Gamble. The court found the claims regarding jail conditions and a
• Beard v. A.L. Lockhart
  716 F.2d 544· 8th Cir.· 1983-09-13 ·cited 4×
  The court held that the district court did not err in dismissing the suit against Director Lockhart prior to trial and in granting the remaining defendants' motion for involuntary dismissal.
• Tagstrom v. Enockson
  857 F.2d 502· 8th Cir.· 1988-09-23 ·cited 3×
  The court held that the officer was not deliberately indifferent to the plaintiff's medical needs and was entitled to qualified immunity.
• Gaut v. Sunn
  810 F.2d 923· 9th Cir.· 1987-02-20 ·cited 3×
  Prison beatings that shock the conscience are actionable under 42 U.S.C. § 1983, but a mere threat of bodily harm, even to deter legal action, is not.
• Butler v. The City OF Norman
  992 F.2d 1053· 10th Cir.· 1993-04-28 ·cited 2×
  The court held that genuine issues of material fact exist regarding the arresting officers' use of excessive force, precluding summary judgment based on qualified immunity for them, but that the supervisor (Chief Boyett) was entitled to qualified immunity as there was no affirmat
• McCORD v. Maggio
  910 F.2d 1248· 5th Cir.· 1990-09-07 ·cited 2×
  The court held that the prisoner's claims regarding denial of due process and medical care were properly dismissed, but the claim regarding conditions of confinement requires further factual findings.
• St. Clair v. Mutz
  M.D. Fla.· 2022-08-23
  The court held that the defendants' motions to dismiss based on illegibility and shotgun pleading were denied, as the complaint was legible and stated plausible claims for relief.
• Hunter v. Fla. Dep't of Corr.
  S.D. Fla.· 2020-12-31
  The court held that the pro se petitioner's habeas corpus petition and motion to proceed in forma pauperis were properly denied and dismissed due to the petition being an incomprehensible shotgun pleading that failed to state a claim and the court lacking jurisdiction over certai
• Rayes v. Johnson
  969 F.2d 700· 8th Cir.· 1992-07-15
  The court held that the district court abused its discretion by denying the plaintiff's requests for substitute counsel, as the circumstances warranted appointment.
• Wilson v. Franceschi
  735 F. Supp. 395· M.D. Fla.· 1990-02-05
  The court held that the defendants were entitled to qualified immunity regarding the delay in AZT treatment because the law was not clearly established at the time, and the medical community was divided on the appropriate treatment for early ARC.