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Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 20 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Donald v. Pearson
Id. at 759; see also Kellum, 657 F. App’x at 766 (affirming denial of prison official’s motion for summary judgment on question of qualified immunity, citing expert medical evidence that five-hour delay in getting obviously sick inmate to hospital substantially worsened the inmate’s condition, ultimately requiring heart surgery).
discussed
Cited as authority (rule)
Barnett v. USA
Id. at 759; see also Kellum, 657 F. App’x at 766 (affirming denial of prison official’s motion for summary judgment on question of qualified immunity, citing expert medical evidence that five-hour delay in getting obviously sick inmate to hospital substantially worsened the inmate’s condition, ultimately requiring heart surgery).
discussed
Cited as authority (rule)
Tanner v. Campbell
Id. at 759; see also Kellum, 657 F. App’x at 766 (affirming denial of prison official’s motion for summary judgment on question of qualified immunity, citing expert medical evidence that five- hour delay in getting obviously sick inmate to hospital substantially worsened the inmate’s condition, ultimately requiring heart surgery).
discussed
Cited as authority (rule)
Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County Commission
See, e.g., Young v. City of Augusta, 59 F.3d 1160, 1169 (11th Cir.1995) (denying summary judgment where the evidence indicated that jail officials failed to dispense “the psychotropic drugs prescribed for her ... as directed”); Howell v. Evans, 922 F.2d 712 (11th Cir.), vacated as settled, 931 F.2d 711, 712 (11th Cir.), reinstated by unpublished order (11th Cir. June 24, 1991) (“the law was clearly established at the time of Howell’s death that if a reasonable official would have known that certain treatment was necessary, the refusal to provide or a delay in providing that treatment w…
discussed
Cited as authority (rule)
Jordan v. Doe
Moreover, the continuing validity of Riley is doubtful, see Howell v. Evans, 922 F.2d 712, 717-18 (11th Cir.), vacated after settlement, 931 F.2d 711, 712 (11th Cir.1991), particularly in light of the Supreme Court's subsequent emphasis that qualified immunity "ordinarily should be decided by the court long before trial.” Hunter , 502 U.S. at-, 112 S.Ct. at 537.
cited
Cited "see"
The Estate of Michael Eddings v. Wexford Health Sources, Inc.
See Howell v. Evans, 922 F.2d 712 , 724 n.13 (11th Cir.), vacated pursuant to settlement, 931 F.2d 711 (11th Cir. 1991), and opinion reinstated sub nom.
discussed
Cited "see"
Salter Ex Rel. Estate of Salter v. Mitchell
See Howell v. Evans, 922 F.2d 712, 723 (11th Cir. 1991), vacated by settlement, 931 F.2d 711 (11th Cir. 1991), reinstated by order, 12 F.3d 190 (11th Cir. 1994) (emphasis omitted) (stating prison officials may rely on medical personnel for clinical determinations).
discussed
Cited "see"
Enrique Acosta v. Scott A. Middlebrooks
See Howell v. Evans, 922 F.2d 712, 723 (“We do not dispute [the] right to rely on medical professionals for clinical determinations.”), vacated by settlement, 931 F.2d 711 (11th Cir.1991), reinstated by order, 12 F.3d 190 n. * (11th Cir.1994); see also Dolihite v. Maughon ex rel.
discussed
Cited "see"
Stephanie P. Austin v. Paramount Parks, Incorporated, D/B/A Kings Dominion, A/K/A Paramount Kings Dominion, Octavia Marie Eaton, Movant. Stephanie P. Austin v. Paramount Parks, Incorporated, D/B/A Kings Dominion, A/K/A Paramount Kings Dominion, Octavia Marie Eaton, Movant. Stephanie P. Austin v. Paramount Parks, Incorporated, D/B/A Kings Dominion, A/K/A Paramount Kings Dominion, Octavia Marie Eaton, Movant
See Howell v. Evans, 922 F.2d 712, 724-25 , vacated after settlement, 931 F.2d 711 (11th Cir. 1991) (assessing whether prison medical director employed by private corporation exercised final policymaking authority for employer concerning equipment and staff procurement).
discussed
Cited "see"
Austin v. Paramount Parks, Inc.
See Howell v. Evans, 922 F.2d 712, 724-25 , vacated after settlement, 931 F.2d 711 (11th Cir.1991) (assessing whether prison medical director employed by private corporation exercised final policy-making authority for employer concerning equipment and staff procurement).
discussed
Cited "see"
Sandra D. Riley v. Larue T. Camp, Lori Winkler, F.K.A. Lori Webb
(2×)
See Howell v. Evans, 922 F.2d 712, 717-18 (11th Cir.1991) (discussing such cases), vacated, 931 F.2d 711 (11th Cir.1991), reinstated in unpublished order as noted, 12 F.3d 190 , 191 n. *.
discussed
Cited "see"
Dolihite v. Maughon
See Howell v. Evans, 922 F.2d 712, 722-23 (11th Cir. 1991), vacated as moot, 931 F.2d 711 (11th Cir. 1991), reinstated by unpublished order as noted, 12 F.3d 190 (11th Cir. 1994); Greason v. Kemp, 891 F.2d 829 (11th Cir. 1990); Waldrop v. Evans, 871 F.2d 1030 (11th Cir. 1989); Rogers v. Evans, 792 F.2d 1052 (11th Cir. 1986).
discussed
Cited "see"
Dolihite v. Maughon
(2×)
See Howell v. Evans, 922 F.2d 712, 722-23 (11th Cir.1991), vacated as moot, 931 F.2d 711 (11th Cir.1991), reinstated by unpublished order as noted, 12 F.3d 190 (11th Cir.1994); Greason v. Kemp, 891 F.2d 829 (11th Cir.1990); Waldrop v. Evans, 871 F.2d 1030 (11th Cir.1989); Rogers v. Evans, 792 F.2d 1052 (11th Cir.1986).
discussed
Cited "see"
Smith v. United States
See Howell, 12 F.3d at 191 (citing as background information an earlier appellate decision, Howell v. Evans, 922 F.2d 712 (11th Cir.), vacated as moot, 931 F.2d 711 (11th Cir.1991), reinstated by unpublished order as noted in 12 F.3d 190 (11th Cir.1994)).
discussed
Cited "see"
Dolihite Ex Rel. Dolihite v. Videon
See Howell v. Evans, 922 F.2d 712 (11th Cir.), vacated as moot, 931 F.2d 711 (1991), reinstated by unpublished order, sub. nom Howell v. Burden, 12 F.3d 190 , at asterisk-footnote (11th Cir.1994) (corrected opinion); Greason v. Kemp, 891 F.2d 829, 835-36 (11th Cir.1990); Waldrop v. Evans, 871 F.2d 1030 (11th Cir.1989); Rogers v. Evans, 792 F.2d 1052 (11th Cir.1986).
discussed
Cited "see"
Melba J. Burrell v. The Board of Trustees of Ga. Military College, Jacob L. Goldstein, Etc., and Alva L. Baggarly, Etc., Melba J. Burrell v. The Bd. Of Trustees of Ga. Military College, Alva L. Baggarly, Individually & in His Official Capacity as Chief Exec. Officer of First Fed. Sav. & Loan Assn. Of Milledgeville, the Mayor and Aldermen of the City of Milledgeville and Unknown Co-Conspirators, James E. Baugh, Indiv. & in His Official Capacities as Mayor of the City of Milledgeville, Ga. & Chairman of the Bd. Of Tr. Of Ga. Military College, Jacob L. Goldstein, Indiv. & in His Official Capacities as a Member of the Bd. Of Dir. Of First Fed. Sav. & Loan Assn. Of Milledgeville & as a Member of the Bd. Of Tr. Of Ga. Military College, Melba J. Burrell v. The Board of Trustees of Ga. Military College, James E. Baugh, Chairman of the Board of Trustees of Ga. Military College, Jacob L. Goldstein, as a Member of the Board of Trustees of Ga. Military College, and the Mayor and Aldermen of the City of Milledgeville, Alva L. Baggarly, Etc.
See Howell v. Evans, 922 F.2d 712, 717-18 (11th Cir.), vacated as moot, 931 F.2d 711 (11th Cir.1991); see also Bennett v. Parker, 898 F.2d 1530, 1535-37 (11th Cir.1990) (Tjoflat, C.J., concurring), cert. denied, --- U.S. ----, 111 S.Ct. 1003 , 112 L.Ed.2d 1085 (1991). 7 Appeals Nos. 90-8540 and 90-8760 do not escape our jurisdictional grasp simply because Burrell seeks equitable as well as legal relief.
discussed
Cited "see"
Burrell v. Board of Trustees
See Howell v. Evans, 922 F.2d 712, 717-18 (11th Cir.), vacated as moot, 931 F.2d 711 (11th Cir. 1991); see also Bennett v. Parker, 898 F.2d 1530, 1535-37 (11th Cir.1990) (Tjoflat, C.J., concurring), cert. denied. — U.S. —, 111 S.Ct. 1003 , 112 L.Ed.2d 1085 (1991).
discussed
Cited "see, e.g."
GLICK v. CORBIN
See, e.g., Howell v. Evans, 922 F.2d 712, 723 (“We do not dispute [the] right to rely on medical professionals for clinical determinations.”), vacated by settlement, 931 F.2d 711 (11th Cir. 1991), reinstated by order, 12 F.3d 190 n.* (11th Cir. 1994); see also Dolihite v. Maughon, 74 F.3d 1027, 1054-55 (11th Cir. 1996) (awarding director of adolescent center summary judgment on section 1983 due process complaint when director could “reasonably rely on” judgment of medical personnel to secure suicidal youth’s surroundings); Acosta v. Watts, 281 F. App’x 906, 908 (11th Cir. 2008) (ho…
discussed
Cited "see, e.g."
Edwards v. Alabama Department of Corrections
Thus, though Haley, Hopper, and Jones could reasonably be expected to know that they had a duty under the eighth amendment to provide some level of medical care to members of the plaintiff class, the exact amount of care that the constitution required was far less likely to be “clearly established.” As a result, the Eleventh Circuit has stated that in cases involving medical care for prisoners, qualified immunity should attach unless the state defendants “violated a clear and specific standard and ... similarly situated reasonable health care providers would have known that their actions…
discussed
Cited "see, e.g."
Lemoine Ex Rel. Estate of Lemoine v. New Horizons Ranch & Center, Inc.
West v. Atkins, 487 U.S. 42, 50-51 , 108 S.Ct. 2250, 2256 , 101 L.Ed.2d 40 (1988); see also Howell v. Evans, 922 F.2d 712, 723-24 (11th Cir.)(holding that when a state contracts out its medical care of prison inmates, the obligations of the Eighth Amendment attach to persons with whom the state contracts, but a plaintiff must show causation, either by showing that the private party was directly involved in a violation or that the policy or custom of the private party led to the violation), order vacating appeal, 931 F.2d 711 , 712 (11th Cir.1991), partially reinstated and appealed sub nom.
Retrieving the full opinion text from the archive…
Willa Dean Howell, Individually and as Administratrix of the Estate of Van Howell, Lisa Howell, Through Her Natural Guardian and Next Friend Willa Dean Howell, and Lori Miller
v.
David C. Evans, Etc., Commissioner, Dept. Of Corrections, Edward M. Mendoza, M.D., Correctional Medical Systems, Inc. And Charles Burden, Individually and as Superintendent of Augusta Correctional and Medical Institution
v.
David C. Evans, Etc., Commissioner, Dept. Of Corrections, Edward M. Mendoza, M.D., Correctional Medical Systems, Inc. And Charles Burden, Individually and as Superintendent of Augusta Correctional and Medical Institution
89-8455.
Court of Appeals for the Eleventh Circuit.
Apr 29, 1991.
Cited by 5 opinions | Published
Willa Dean HOWELL, individually and as administratrix of the
estate of Van Howell, Lisa Howell, through her
natural guardian and next friend Willa
Dean Howell, and Lori Miller,
Plaintiffs-Appellees,
v.
David C. EVANS, Etc., Commissioner, Dept. of Corrections, et
al., Defendants,
Edward M. Mendoza, M.D., Correctional Medical Systems, Inc.
and Charles Burden, individually and as
Superintendent of Augusta Correctional
and Medical Institution,
Defendants-Appellants.
No. 89-8455.
United States Court of Appeals,
Eleventh Circuit.
April 29, 1991.
William P. Tinkler, Jr., Decatur, Ga., for Mendoza.
William B. Hill, Jr., Deputy Atty. Gen., Daryl A. Robinson, Cathy A. Cox, John C. Jones, Senior Asst. Atty. Gen., Atlanta, Ga., for Burden.
J. Vincent Cook, Cook, Noell, Tolley & Aldridge, Athens, Ga., Patrick T. Beall, Watkinsville, Ga., for plaintiffs-appellees.
On Appeal from the United States District Court for the Southern District of Georgia; Dudley H. Bowen, Jr., Judge.
Before KRAVITCH and ANDERSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.
BY THE COURT:
1
Appellees' motion to withdraw the petition for rehearing and suggestion for rehearing en banc is GRANTED. As the case has settled, the opinion at 922 F.2d 712 is vacated, the judgment of the district court is vacated and the case is remanded to the district court with direction that the case be dismissed.