green
Positive treatment
Quoted verbatim 2×
17.9 score
“although federal courts are reluctant to interfere in the normal processes of state prison administration, they will not hesitate to intervene when action is clearly necessary to protect a prisoner's constitutional rights.”
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971
1998
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited "but see"
Goodnow v. Palm
On that basis, the court dismissed the claim against the warden. 5 See id; but see Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970) (conditioning a conclusion of liability on part of warden on a finding that he was personally “responsible for what the guards did”).
examined
Cited as authority (verbatim quote)
Williams v. DIR. OF HEALTH SERVICES, ETC.
the warden cannot escape liability by claiming that . .. whatever was done was done by the guards. it is alleged that he ordered them to move appellant without obtaining a discharge, and they were following his orders.
examined
Cited as authority (quoted)
Kurtz v. Snyder
although federal courts are reluctant to interfere in the normal processes of state prison administration, they will not hesitate to intervene when action is clearly necessary to protect a prisoner's constitutional rights.
discussed
Cited as authority (rule)
Monroe v. Rivet
C.f Martinez v. Mancusi, 443 F.2d 921, 924-25 (2d Cir. 1970) (granting relief when doctor forced prisoner to walk out of hospital without hospital-ordered pain medication and stand for meals after plaintiff had leg surgery for which hospital specialist had ordered plaintiff to lie flat and not to walk); see also Bowring v. Godwin, 551 F.2d 44, 48 (4th Cir. 1977) (observing that the right to medical treatment is limited to that which is medically necessary and not “that which may be considered merely desirable”).
discussed
Cited as authority (rule)
Mata v. Saiz
(2×)
See also Jones v. Lockhart, 484 F.2d 1192, 1193-94 (8th Cir.1973) (prisoner who sustained back injury and was provided pills at the infirmary but denied permission to see doctor by prison paramedic stated claim for deliberate indifference); Fitzke v. Shappell, 468 F.2d 1072, 1074-75 (6th Cir.1972) (prisoner stated claim of deliberate indifference where prison staff merely told prisoner, who complained of leg pain, limped badly and communicated the need for medical attention, to rub his areas of pain and numbness and failed to obtain medical treatment for him for twelve hours); Martinez v. Manc…
cited
Cited as authority (rule)
Scott v. Garcia
See, e.g., Tolbert, 434 F.2d at 626 ; Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970); White v. Napoleon, 897 F.2d 103, 106-10 (3d Cir.1990).
cited
Cited as authority (rule)
Sulton v. Wright
Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970), cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971).
discussed
Cited as authority (rule)
Lugo v. Senkowski
While it is well settled law that “mere negligence in giving or failing to supply medical treatment alone” does not constitute a violation of the Eighth Amendment, Church v. Hegstrom, 416 F.2d 449, 460-51 (2d Cir.1969), the Second Circuit has held that when officials ignore the instructions of a treating physician, they exhibit “deliberate indifference to the prisoner’s needs,” see Martinez v. Mancusi 443 F.2d 921, 924 (2d Cir.1970); see also Wakefield, 177 F.3d at 1165 ; White v. Napoleon, 897 F.2d 103, 106-10 (3d Cir.1990).
discussed
Cited as authority (rule)
Wakefield v. Thompson
We concluded that the case was “akin to cases finding deliberate indifference where prison officials and doctors deliberately ignoref ] the express orders of a prisoner’s prior physician for reasons unrelated' to the medical needs of the prisoner.” Id. at 1066-67 (citing White v. Napoleon, 897 F.2d 103, 106-10 (3d Cir.1990); Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970)).
discussed
Cited as authority (rule)
Rosales v. Coughlin
Denying the defendant’s motion for summary judgment, the court stated that the plaintiffs allegation that the defendant “deliberately interfered with his medical treatment by forcibly taking his cane away from him and forcing him to walk up two flights of metal stairs ... [wa]s sufficient to withstand a motion for summary judgment.” Id. at *3 (citing Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970) (cruel and unusual punishment where guards forced inmate to walk from hospital after leg surgery contrary to physician’s orders), cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d …
cited
Cited as authority (rule)
Pugliese v. Cuomo
Gill v. Mooney, 824 F.2d 192, 196 (2d Cir.1987) (citing Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970)).
discussed
Cited as authority (rule)
Charles Maggard v. Michael J. O'dea, Iii, Warden Don Sapienza, Deputy Warden Linda Jarrells, Nurse Service Administrator
See Gill v. Mooney, 824 F.2d 192, 196 (2d Cir.1987); Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970), cert. denied, 401 U.S. 983 (1971). 6 Summary judgment was proper insofar as Maggard alleged an Eighth Amendment claim against the defendants for failing to comply with the medical staff's requests to transfer him to KSR.
cited
Cited as authority (rule)
Dennis Hamilton v. Roger v. Endell
See White v. Napoleon, 897 F.2d 103, 106-10 (3d Cir.1990); Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970), *1067 cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971).
discussed
Cited as authority (rule)
Johnson-El v. District of Columbia
Estelle, supra, 429 U.S. at 104-05 , 97 S.Ct. at 291 (deliberate indifference is manifested in “intentionally denying or delaying access to medical care or intentionally interfering with treatment once prescribed.”); Ancata v. Prison Health Servs., 769 F.2d 700 , 704 (11th Cir.1985) (“The knowledge of the need for medical care and intentional refusal to provide that care has consistently been held to surpass negligence and constitute deliberate indifference.”) (citing Robinson v. Moreland, 655 F.2d 887 (8th Cir.1981)); Ramos v. Lamm, 639 F.2d 559, 575 (8th Cir.1980), cert. denied, 450 …
discussed
Cited as authority (rule)
Eugene v. Karman
Accord Williams v. Vincent, 508 F.2d 541, 544 (2d Cir.1974) (a complaint based on inadequate medical treatment states a cause of action if it alleges conduct which "shocks the conscience," such as deliberate indifference by prison authorities to a prisoner's request for essential medical treatment); Martinez v. Mancusi, 443 F.2d 921, 923 (2d Cir.1970) (a complaint claiming violation of Eighth Amendment by virtue of failure to provide medical care "must suggest the possibility of some conduct that 'shocks the conscience.' ").
discussed
Cited as authority (rule)
Eugene D. ex rel. Olivia D. v. Karman
Accord Williams v. Vincent, 508 F.2d 541, 544 (2d Cir.1974) (a complaint based on inadequate medical treatment states a cause of action if it alleges conduct which “shocks the conscience,” such as deliberate indifference by prison authorities to a prisoner’s request for essential medical treatment); Martinez v. Mancusi, 443 F.2d 921, 923 (2d Cir.1970) (a complaint claiming violation of Eighth Amendment by virtue of failure to provide medical care “must suggest the possibility of some conduct that ‘shocks the conscience.’ ”).
cited
Cited as authority (rule)
Gill v. Mooney
Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970), cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971).
cited
Cited as authority (rule)
Gill v. Mooney
Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970), cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971).
cited
Cited as authority (rule)
Bishop v. Circuit Court of Cole County
Corby v. Conboy, 457 F.2d 251, 254 (2d Cir.1972); Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970).
discussed
Cited as authority (rule)
Holloway v. Dobbs
See Wilbron v. Hutto, 509 F.2d 621, 622 (8th Cir.1975) (per curiam) (prison officials allegedly refused to return prisoner to hospital for required surgery on injured hand and instead forced him to work in fields, causing further injury to hand); Campbell v. Beto, 460 F.2d 765, 766-67 (5th Cir.1972) (prison officials allegedly refused to give prisoner prescribed medication for heart condition and willfully gave him hard labor assignment, resulting in heart attack); Martinez v. Mancusi, 443 F.2d 921, 924-25 (2d Cir.1970) (prison officials allegedly returned plaintiff prematurely to prison after…
discussed
Cited as authority (rule)
Holloway v. Dobbs
See Wilbron v. Hutto, 509 F.2d 621, 622 (8th Cir.1975) (per curiam) (prison officials allegedly refused to return prisoner to hospital for required surgery on injured hand and instead forced him to work in fields, causing further injury to hand); Campbell v. Beto, 460 F.2d 765, 766-67 (5th Cir.1972) (prison officials allegedly refused to give prisoner prescribed medication for heart condition and willfully gave him hard labor assignment, resulting in heart attack); Martinez v. Mancusi, 443 F.2d 921, 924-25 (2d Cir.1970) (prison officials allegedly returned plaintiff prematurely to prison after…
discussed
Cited as authority (rule)
Goodman v. Wagner
Cf, Davis v. Smith, 638 F.2d at 68 (the refusal to provide medical care states a claim where plaintiff, a' pre-trial detainee, alleges aggravation of a hemorrhoidal condition); Martinez v. Mancusi, 443 F.2d 921, 923 (2nd Cir.1970) (failure of prison officials to follow medical advice of an outside physician states a claim *258 by a convicted felon.) See also, West v. Keve, 571 F.2d 158 , 162 (3d Cir.1978); Crocker v. Four Unidentified United States Marshals, No. 81-5071, Slip op. at 4, n. 2 (E.D.Pa.
discussed
Cited as authority (rule)
Tomarkin v. Ward
See, e.g., Williams v. Vincent, supra, 508 F.2d at 543 (doctors chose “easier” treatment of discarding prisoner’s ear and stitching stump rather than attempting to reattach ear); Thomas v. Pate, 493 F.2d 151, 158 (7th Cir.), cert. denied, 419 U.S. 879 , 95 S.Ct. 143 , 42 L.Ed.2d 119 (1974) (nurse injected prisoner with a drug, knowing prisoner was allergic to it, and doctor refused to treat prisoner’s allergic reaction); Martinez v. Mancusi, supra, 443 F.2d at 923 (prison doctor refused to give prescribed painkiller to prisoner who had undergone operation, and otherwise ignored surgeon…
discussed
Cited as authority (rule)
Young v. Harris
Lightfoot v. Walker, 486 F.Supp. 504 , 509 (D.C.Ill.1980); Todaro v. Ward, 431 F.Supp. 1129, 1133 (S.D.N.Y.), aff’d, 565 F.2d 48 (2d Cir. 1977); see, e. g., Corby v. Conboy, 457 F.2d 251, 254 (2d Cir. 1972) (allegation that plaintiff was denied adequate medical attention for serious nasal problem held to state eighth amendment claim); Martinez v. Mancusi, 443 F.2d 921, 923-24 (2d Cir. 1970), cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971) (allegation that plaintiff was denied medication prescribed for pain held to state eighth amendment claim).
discussed
Cited as authority (rule)
Stinson v. SHERIFF'S DEPT. OF SULLIVAN CTY.
See McCabe v. Nassau County Medical Center, 453 F.2d 698, 704 (2d Cir. 1971); Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir. 1970), cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971); Johnson v. Marton, 55 F.R.D. 282 (S.D.N.Y. 1972). 17 .
discussed
Cited as authority (rule)
Johnson v. Harris
McCabe v. Nassau County Medical Center, 453 F.2d 698, 704 (2d Cir. 1971); Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir. 1970), cert. denied, 401 U.S. 983 (1971); Johnson v. Marton, 55 F.R.D. 282 (S.D.N.Y.1972). 11 . 429 U.S. 97 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976). 12 .
discussed
Cited as authority (rule)
Rust v. State
Cases recognizing that denial of medical care may violate the eighth amendment include Gates v. Collier, 501 F.2d 1291, 1302 (5th Cir. 1974); Finney v. Arkansas Bd. of Corr., 505 F.2d 194 , 202-04 (8th Cir. 1974); Gittlemacker v. Prasse, 428 F.2d 1, 6 (3d Cir. 1970); Martinez v. Mancusi, 443 F.2d 921, 923 (2d Cir. 1970), cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971).
discussed
Cited as authority (rule)
Scittarelli v. Manson
It is generally recognized, on grounds of policy and legislative history of the Civil Rights Acts, that the deprivation of a federal right is qualitatively different from a mere tort, Johnson v. Glick, 481 F.2d 1028 , 1033 (2d Cir.), cert, denied, 414 U.S. 1033 , 94 S.Ct. 462 , 38 L.Ed.2d 32 (1973); Martinez v. Mancusi, 443 F.2d 921, 923-24 (2d Cir. 1970), cert, denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971); see generally Bishop v. Wood, 426 U.S. 341, 349-50 , 96 S.Ct. 2074 , 48 L.Ed.2d 684 (1976), and should not be circumscribed by local law, especially since that body of law i…
discussed
Cited as authority (rule)
McKINNON v. PATTERSON
Larkins v. Oswald, 510 F.2d 583, 588-89 (2 Cir. 1975); Martinez v. Mancusi, 443 F.2d 921, 924 (2 Cir. 1970). 17 We are satisfied that defendant Preiser, the former Commissioner of Corrections, was not sufficiently involved in the alleged denial of due process to subject him to personal liability. 4 There was no evidence that he participated directly in the Adjustment Committee hearings, that he had knowledge of what went on at the hearings, that he had reason to suspect that there had been any wrongdoing, or that he had direct responsibility for or control over the Adjustment Committee.
cited
Cited as authority (rule)
McKinnon v. Patterson
Larkins v. Oswald, 510 F.2d 583, 588-89 (2 Cir. 1975); Martinez v. Mancusi, 443 F.2d 921, 924 (2 Cir. 1970).
discussed
Cited as authority (rule)
Sanabria v. Village of Monticello
The deprivation of medical care to a prisoner has been considered both a denial of due process as guaranteed by the fourteenth amendment, Reeves v. City of Jackson, 532 F.2d 491, 495 (5th Cir. 1976); Fitzke v. Shappell,, 468 F.2d 1072, 1074-77 (6th Cir. 1972); Church v. Hegstrom, 416 F.2d 449, 450 (2d Cir. 1969), and a violation of the eighth amendment right to be free from cruel and unusual punishment, Estelle v. Gamble,-U.S.-, 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976); Reeves, supra, 532 F.2d at 495 ; Martinez v. Maneusi, 443 F.2d 921, 923 (2d Cir. 1970), cert. denied, 401 U.S. 983 , 91 S.Ct. 120…
cited
Cited as authority (rule)
Stokes v. Hurdle
Martinez v. Mancusi, 443 F.2d 921, 923 (2d Cir. 1970); Gittlemacker v. Prasse, 428 F.2d 1, 6 (3d Cir. 1970).
cited
Cited as authority (rule)
Smith v. Wendell
Martinez v. Mancusi, 443 F.2d 921, 923-925 (2d Cir. 1970); Newsome v. Sielaff, 375 F.Supp. 1189, 1193 (E.D.
discussed
Cited as authority (rule)
N. H. Newman v. State of Alabama and Bill Baxley, Attorney General for the State of Alabama, United States of America, Amicus Curiae
See, e. g., Nelson v. Heyne, 491 F.2d 352 , 354-356 (7th Cir.), cert. denied, 417 U.S. 976 , 94 S.Ct. 3183 , 41 L.Ed.2d 1146 (1974); Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir. 1970); Holt v. Sarver, 442 F.2d 304, 308 (8th Cir. 1971), aff’g, 309 F.Supp. 362, 372-373 (E.D.Ark.1970); Coppinger v. Townsend, 398 F.2d 392, 393 (10th Cir. 1968); Ramsey v. Ciccone, supra, 310 F.Supp. at 605 .
discussed
Cited as authority (rule)
Newsome v. Sielaff
In the instant case, all of the facts concerning the conditions of plaintiff’s confinement have not been presented to the court. 4 Until the record is more fully developed, it cannot be said at this stage that the plaintiff can prove no set of facts which would entitle him to relief on the basis of “cruel and unusual punishment.” This is especially true in the instant case, because in addition to the allegations concerning confinement conditions, plaintiff has also alleged several instances of medical treatment denial to support his claim of “cruel and unusual punishment.” Although i…
discussed
Cited as authority (rule)
Byrd v. Local Union No. 24, International Brotherhood of Electrical Workers
The liability sought to be asserted in this case against the contractor associations is not based solely upon the fact that racial discrimination has resulted by the actions of the unions under lawful collective bargaining agreements to which the respective contractor associations are parties. 4a On the contrary, the alleged liability of the contractor associations is based upon their own respective acts vicariously performed by their alleged agents and coconspirators under the doctrines of agency, Adams v. Pate, 445 F.2d 105, 107 (7th Cir. 1971); Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir…
discussed
Cited as authority (rule)
Linda McCabe v. Nassau County Medical Center
(2×)
E. g., intentional gross misconduct by a prison doctor amounting to cruel and unusual punishment, Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970), cert, denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971); forcing medication upon a Christian Scientist over her objections based on religion, Winters v. Miller, 446 F.2d 65 (2d Cir. 1971).
discussed
Cited "see"
Zupko v. United States of America
See, ¢.g., Martinez v. Mancusi, 443 F.2d 921 , 924-25 (2d Cir. 1971) (reversing dismissal when prison doctor forced prisoner plaintiff, without hospital ordered pain medication, to walk out of hospital and stand for meals after plaintiff had leg surgery for which hospital specialist had ordered plaintiff to lie flat and not to walk).
discussed
Cited "see"
ROMAN v. LITTLE
No. 26. 41 City of Revere v. Massachusetts General Hospital, 463 U.S. 239, 244 (1983) (holding Due Process rights of a pretrial detainee are “at least as great as the Eighth Amendment protections available to a convicted prisoner”); Estelle v. Gamble, 429 U.S. 97, 106 (1976) (finding “[a]cts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs” violate the Eighth Amendment right to be free from cruel an unusual punishment). 42 Rouse v. Plantier, 182 F.3d 192, 197 (3d Cir. 1999) (citing Estelle v. Gamble, 429 U.S. 97, 106 (1976)). 43 Farmer v. B…
cited
Cited "see"
Williams v. O'LEARY
See Martinez v. Mancusi, 443 F.2d 921, 924 (2d Cir.1970), cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971).
cited
Cited "see"
Akil Al-Jundi v. Vincent Mancusi, Karl Pfeil, Russell G. Oswald, the Estate of Nelson A. Rockefeller
See Martinez v. Mancusi, 443 F.2d 921 (2d Cir.1970), cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971) (anticipating standards of Estelle v. Gamble).
discussed
Cited "see"
Jermosen v. Coughlin
See Martinez v. Mancusi, 443 F.2d 921, 923 (2d Cir.1970), cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971); Gamble v. Estelle, 516 F.2d 937 (5th Cir.1975), reh. denied, 521 F.2d 815 , rev. on other grounds, 429 U.S. 97 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976).
cited
Cited "see"
Robert L. Twyman v. Richard A. Crisp, Phillip Kirk, Melvin D. Typer, James E. Sorrells, and Charles E. Stamper
See Martinez v. Mancusi, 443 F.2d 921 (2nd Cir. 1970), cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971).
discussed
Cited "see"
Sam Freeman v. A. L. Lockhart, Supt., Cummins Unit, Arkansas Department of Correction
See Martinez v. Mancusi, 443 F.2d 921 (2d Cir. 1970), cert. denied, 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971); Gittlemacker v. Prasse, 428 F.2d 1 (3rd Cir. 1970); Church v. Hegstrom, 416 F.2d 449 (2d Cir. 1969); Hirons v. Director, Patuxent Institution, 351 F.2d 613 (4th Cir. 1965).
cited
Cited "see"
Waltenberg v. New York City Department of Correction
See Martinez v. Mancusi, 443 F.2d 921 (2 Cir. 1970).
discussed
Cited "see"
Pinon v. State of Wisconsin
See Martinez v. Mancusi, 443 F.2d 921 (2d Cir. 1970), cert. den. 401 U.S. 983 , 91 S.Ct. 1202 , 28 L.Ed.2d 335 (1971); Mayfield v. Craven, 299 F. Supp. 1111 (ED.Cal.1969), aff’d 433 F. 2d 873 (9th Cir. 1970).
cited
Cited "see"
Wiley Jones v. A. L. Lockhart, Superintendent, Cummins Unit, Arkansas Department of Corrections
See Martinez v. Mancusi, 443 F.2d 921 (2d Cir. 1970).
discussed
Cited "see"
Norcott Corby v. J. P. Conboy, Superintendent
(2×)
See Martinez v. Mancusi, 443 F.2d 921 (2d Cir. 1970).
Retrieving the full opinion text from the archive…
Robert ANDRE, Appellee,
v.
Stanley R. RESOR, Secretary of the Army, Et Al., Appellants
v.
Stanley R. RESOR, Secretary of the Army, Et Al., Appellants
26319.
Court of Appeals for the Ninth Circuit.
Jun 11, 1971.
Richard Locke, Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for appellants., Michael Sorgen (argued), Mark Susnow, San Francisco, Cal., for appellee.
Koelsch, Ely, Wright.
Cited by 10 opinions | Published
Citer courts: N.D. New York (1) · S.D. New York (1)
PER CURIAM:
The order of the United States District Court, directing that a writ of habeas corpus issue, is affirmed. [1]
Robert Andre, the petitioner-appellee, is presently serving in the armed forces of the United States pursuant to a Selective Service Board order to report for induction, based upon the delinquency regulations appearing in 32 CFR part 1642, which purport to vest a Board with power to accelerate induction of delinquent registrants.
But those regulations, to the extent they provided for such induction, lacked legislative authorization. Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532 (1970). Hence the Board’s order was void and petitioner is entitled to his discharge.
The mandate shall issue forthwith.
1
. A habeas action will lie. See Breen v. Selective Service Board, 396 U.S. 460, 90 S.Ct. 661, 24 L.Ed.2d 653 (1970).