Hinson v. DeKalb Cnty., 192 F.3d 1342 (11th Cir. 1999). · Go Syfert
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Hinson v. DeKalb Cnty., 192 F.3d 1342 (11th Cir. 1999). Cases Citing This Book View Copy Cite
“under common law, no 'firmly rooted' tradition of immunity applicable to privately 7 case: 20-50282 document: 00515836518 page: 8 date filed: 04/26/2021 no. 20-50282 employed prison physicians exists under circumstances such as these.”
87 citation events (81 in the last 25 years) across 19 distinct courts.
Strongest positive: Sanchez v. Oliver (ca5, 2021-04-26)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 17 distinct citers.
examined Cited as authority (verbatim quote) Sanchez v. Oliver (4×) also: Cited as authority (rule), Cited "see, e.g."
5th Cir. · 2021 · quote attribution · 2 verbatim quotes · confidence high
under common law, no 'firmly rooted' tradition of immunity applicable to privately 7 case: 20-50282 document: 00515836518 page: 8 date filed: 04/26/2021 no. 20-50282 employed prison physicians exists under circumstances such as these.
examined Cited as authority (verbatim quote) Dominick Perniciaro, III v. Hampton Lea (3×) also: Cited as authority (rule), Cited "see, e.g."
unknown court · 2018 · quote attribution · 1 verbatim quote · confidence high
wexford health sources
discussed Cited as authority (quoted) Gartman v. Cheatham
M.D. Ala. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
that medical malpractice--negligence by a physician--is insufficient to form the basis of a claim for deliberate indifference is well settled.
discussed Cited as authority (quoted) Brenda Davis v. Michelle L. Munger (2×) also: Cited as authority (rule)
8th Cir. · 2021 · quote attribution · 1 verbatim quote · confidence low
under common law, no 'firmly rooted' tradition of immunity applicable to privately employed prison physicians exists under circumstances such as these.
discussed Cited as authority (rule) Tanner v. McMurray
10th Cir. · 2021 · confidence medium
However, the court did declare that “[t]he fact that he was paid by the city instead of the plaintiff did not relieve him from the duty to exercise ordinary care and skill.” Id. at 332 ; see also Williams v. Nally, 45 S.W. 874, 874 (Ky. 1898) (physician hired by county justice of the peace liable for malpractice); Landon v. Humphrey, 9 Conn. 209, 216 (1832) (private doctor hired by Connecticut town to provide smallpox vaccinations liable for malpractice). 5 See also Jensen, 222 F.3d at 577 (“[T]he parties have not offered, and we have not found, any definitive common law history of immun…
discussed Cited as authority (rule) Sheila McCullum v. Kenneth Tepe
6th Cir. · 2012 · confidence medium
“The parties,” the court began, “have not been able to point to, and independent research — including a look at the sources cited by the Supreme Court in Richardson — does not reveal, cases which show a common law tradition of immunity from liability for privately employed prison physicians for acts amounting to recklessness or intentional wrongdoing.” Id. at 1345.
cited Cited as authority (rule) Sain, Timothy v. Wood, Raymond
7th Cir. · 2008 · confidence medium
Id. at 1346-47.
cited Cited as authority (rule) Sain v. Wood
7th Cir. · 2008 · confidence medium
Id. at 1346-47.
discussed Cited as authority (rule) Cook v. Martin (2×)
6th Cir. · 2005 · confidence medium
In addition to noting that the Supreme Court had mentioned a “kind of immunity” for doctors who performed services at the behest of the sovereign only “in passing,” id. at 1345, the Eleventh Circuit also determined the following: The sources cited by the [Richardson ] Court suggest that, under certain circumstances, English doctors and lawyers were immune from liability for acts amounting to negligence.
examined Cited as authority (rule) Derfiny v. Pontiac Osteopathic Hospital (5×) also: Cited "see"
6th Cir. · 2004 · confidence medium
In Hinson, the Eleventh Circuit held that “[f]or the same reasons that the Richardson Court declined to extend the doctrine of qualified immunity to privately employed prison guards, we decline to extend qualified immunity to this privately employed prison physician.” 192 F.3d at 1345.
cited Cited "see" Phillip Dennis Leigh v. Armor Medical Services
11th Cir. · 2015 · signal: see · confidence high
See Hinson v. Edmond, 192 F.3d 1342 , 1345 (11th Cir.1999).
cited Cited "see, e.g." Hannah v. Armor Correctional Health Services, Inc.
M.D. Fla. · 2020 · signal: see, e.g. · confidence low
See, e.g., Hinson v. Edmond, 192 F.3d 1342 , 1345 (11th Cir. 1999).
cited Cited "see, e.g." Hannah v. Armor Correctional Health Services, Inc.
M.D. Fla. · 2020 · signal: see, e.g. · confidence low
See, e.g., Hinson v. Edmond, 192 F.3d 1342 , 1345 (11th Cir. 1999).
cited Cited "see, e.g." Hannah v. Armor Correctional Health Services, Inc.
M.D. Fla. · 2020 · signal: see, e.g. · confidence low
See, e.g., Hinson v. Edmond, 192 F.3d 1342 , 1345 (11th Cir. 1999).
discussed Cited "see, e.g." Miller v. Beard
E.D. Pa. · 2010 · signal: see also · confidence low
See, e.g., Wolfe v. Horn, 130 F.Supp.2d 648, 656 (E.D.Pa.2001); see also Jensen v. Lane County, 222 F.3d 570, 576-79 (9th Cir. 2000) (contract psychiatrist in county facility not entitled to qualified immunity), Hinson v. Edmond, 192 F.3d 1342 , 1346-47 (11th Gir.1999) (no qualified immunity for privately contracted medical director of a county jail).
discussed Cited "see, e.g." Randal J. Chatham v. Colonel Blake Adcock
11th Cir. · 2009 · signal: see also · confidence low
See also Hinson v. Edmond, 192 F.3d 1342 , 1345 (11th Cir.1999) (noting that it is well-settled that “medical malpractice-negligence by a physician-is insufficient to form the basis of a claim for deliberate indifference”), amended by 205 F.3d 1264 (11th Cir.2000); Adams v. Poag, 61 F.3d 1537, 1543 (11th Cir.1995) (noting that “[m]ere negligence in diagnosing or treating a medical condition is an insufficient basis” for a deliberate indifference claim).
discussed Cited "see, e.g." Thomas Martin Bismark v. Neil Fisher
11th Cir. · 2007 · signal: see also · confidence low
“Mere incidents of negligence or malpractice do not rise to the level of constitutional violations.” Hams, 941 F.2d at 1505; see also Hinson v. Edmond, 192 F.3d 1342 , 1345 (11th Cir.1999). *898 The dearth of evidence that Dr. Fisher’s conduct exceeded the bounds of mere negligence is fatal to Bismark’s deliberate indifference claim.
Hinson
v.
DeKalb County
98-9178.
Court of Appeals for the Eleventh Circuit.
Oct 20, 1999.
192 F.3d 1342
Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 74%
Citer courts: M.D. Alabama (1) · Eighth Circuit (1)

Fitzgerald Columbus HINSON, Plaintiff-Appellee, v. Roderick E. EDMOND, M.D., Defendant-Appellant.

No. 98-9178.

United States Court of Appeals, Eleventh Circuit.

March 7, 2000. Appeal from the United States District Court for the Northern District of Georgia.(No. 97-00431-1-CV-JEC), Julie E. Carnes, Judge. Before EDMONDSON and BIRCH, Circuit Judges, and OWENS*, Senior District Judge. BY THE COURT: Our opinion in Fitzgerald Columbus Hinson v. Roderick E. Edmond, reported at 192 F.3d 1342 is revised as follows: 1. The second sentence of the first paragraph of the opinion is amended to read: Because we conclude that the defendant, due to his status as a privately employed prison physician, is ineligible to advance the defense of qualified immunity, we AFFIRM the district court's order and REMAND for further proceedings. 2. The final five paragraphs of the opinion, those appearing at pages 1348-49, are withdrawn. We lacked jurisdiction to consider the merits because they are not "inextricably interwoven" with our decision on qualified immunity. See generally Swint v. Chambers County Comm'n, 514 U.S. 35, 115 S.Ct. 1203, 1212, 131 L.Ed.2d 60 (1995); Foy v. Schantz, Schatzman & Aaronson, P.A., 108 F.3d 1347, 1350 (11th Cir.1997); Harris v. Board of Educ., 105 F.3d 591, 594 (11th Cir.1997). In the place of the stricken paragraphs, we substitute this paragraph: We affirm the district court's denial of defendant's motion for summary judgment: the qualified immunity doctrine does not apply. We remand the case for proceedings consistent with this opinion. AFFIRMED AND REMANDED. * Honorable Wilbur D. Owens, Jr., Senior U.S. District Judge for the Middle District of Georgia, sitting by designation.

[*2]