green
Positive treatment
Quoted verbatim 1×
8.5 score
“difference of opinion as to the diagnosis and treatment between the prisoner and the medical report . . . cannot serve as a basis for a cause of action.”
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979
2002
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Hardeman v. Smash
difference of opinion as to the diagnosis and treatment between the prisoner and the medical report . . . cannot serve as a basis for a cause of action.
cited
Cited "see"
Johnson v. Sanders
See McCracken v. Jones, 562 F.2d 22, 24 (10th Cir. 1977), cert. denied, 435 U.S. 917 (1978), and cases cited therein.
discussed
Cited "see"
Buchanan, III v. Eliott
See McCracken v. Jones, 562 F.2d 22, 24 (10th Cir. 1977), cert. denied, 435 U.S. 917 (1978), and cases cited therein. 15 To the extent Plaintiff is complaining of a delay in his treatment, “delay in medical care can only constitute an Eighth Amendment violation if there has been deliberate indifference which results in substantial harm.” Olson v. Stotts, 9 F.3d 1475, 1477 (10th Cir. 1993) (quoting Mendoza v. Lynaugh, 989 F.2d 191, 195 (5th Cir. 1993)).
cited
Cited "see"
Baker v. Yates
See McCracken v. Jones, 562 F.2d 22, 24 (10th Cir. 1977), cert. denied, 435 U.S. 917 (1978), and cases cited therein.
discussed
Cited "see"
United States v. Edwards
See United States v. Moynagh, 566 F.2d 799, 803 (1st Cir.1977), cert. denied, 435 U.S. 917 , 98 S.Ct. 1475 , 55 L.Ed.2d 510 (1978) (failure to disclose equitable interest in boats sold by debtor to corporation whose sole stockholders were debtor’s mother and son supported charge of bankruptcy fraud); see also United States v. Weinstein, 834 F.2d 1454 , 1461 n. 2 (9th Cir.1987) (citing cases where failure to disclose equitable interest created criminal liability); 4 Gollier On Bankruptcy ¶ 541.06 (Lawrence P. King ed., 15th ed., 1995).
discussed
Cited "see"
United States v. Nieves Burgos
See United States v. Moynagh, 566 F.2d 799, 804 (1st Cir. 1977), cert. denied, 435 U.S. 917 (1978) (citing United States v. Natelli, 527 F.2d 311, 325 (2d Cir. 1975), cert. denied, 425 U.S. 934 (1976) (citing Yates v. United States, 354 U.S. 298 )) ("We conclude that Moynagh's conviction on these counts cannot be sustained because each count contains a specification charging concealment . . . and no evidence was introduced which supports any fraudulent concealment . . . .").
discussed
Cited "see"
United States v. Nieves Burgos
See United States v. Moynagh, 566 F.2d 799 , _____________ _______ 804 (1st Cir. 1977), cert. denied, 435 U.S. 917 (1978) (citing ____ ______ United States v. Natelli, 527 F.2d 311, 325 (2d Cir. 1975), cert. _____________ _______ ____ denied, 425 U.S. 934 (1976) (citing Yates v. United States, 354 ______ _____ _____________ U.S. 298)) ("We conclude that Moynagh's conviction on these counts cannot be sustained because each count contains a specification charging concealment . . . and no evidence was introduced which supports any fraudulent concealment . . . .").
discussed
Cited "see"
Bankr. L. Rep. P 72,164 United States of America v. Morris Paul Weinstein, A/K/A Morry Weinstein
See United States v. Moynagh, 566 F.2d 799, 803 (1st Cir.1977) (defendant’s failure to list equitable interest in boats that were legally owned by another company supported conviction for bankruptcy fraud), cert. denied, 435 U.S. 917 , 98 S.Ct. 1475 , 55 L.Ed.2d 510 (1978); In re Kaiser, 791 F.2d 73, 77 (7th Cir.) (holding that land should be considered property of corporation’s bankruptcy estate where principal held out land as corporation’s property as far as creditors were concerned, despite fact that paper titles to the land were held by corporation’s owners), cert. denied, — U.S…
cited
Cited "see"
United States v. Graham Mortgage Corp.
See United States v. Foster, 566 F.2d 1045, 1047-48 (6th Cir.1977), cert. denied, 435 U.S. 917 , 98 S.Ct. 1473 , 55 L.Ed.2d 509 (1979).
cited
Cited "see"
United States v. Henry Gregory Jackson
See United States v. Foster, 566 F.2d 1045, 1052 (6th Cir. 1977) cert. denied 435 U.S. 917 , 98 S.Ct. 1473 , 55 L.Ed.2d 509 (implying that an omission may qualify as a false entry).
discussed
Cited "see, e.g."
Jeffrey Carpenter v. Walt Chapleau
(2×)
See, e.g., United States v. Ilacqua, 562 F.2d 399, 404 (6th Cir.1977), cert. denied, 435 U.S. 906 , 98 S.Ct. 1453 , 55 L.Ed.2d 497 , and cert. denied, 435 U.S. 917 , 98 S.Ct. 1473 , 55 L.Ed.2d 508 , and cert. denied, 435 U.S. 947 , 98 S.Ct. 1532 , 55 L.Ed.2d 545 (1978). 12 We have also held that a state may use the same predicate offenses to enhance a defendant's sentence on more than one occasion without running afoul of the Double Jeopardy Clause.
discussed
Cited "see, e.g."
Ken Tanner v. Bill Garner Tay M. Dang, M.D. Jon Tillinghast, M.D. J. Robert Dille, M.D. Dr. Stites
"Medical malpractice does not become a constitutional violation merely because the victim is a prisoner." Id. at 106 ; see also El'Amin v. Pearce, 750 F.2d 829, 832-33 (10th Cir.1984) (proper forum for medical malpractice is the state court); Daniels v. Gilbreath, 668 F.2d 477, 488 (10th Cir.1982) (deliberate indifference "is a more severe and exacting charge than malpractice"). "[A] mere difference of opinion between the prison's medical staff and the inmate ... does not support a claim of cruel and unusual punishment." Ramos v. Lamm, 639 F.2d 559, 575 (10th Cir.1980), cert. denied, 450 U.S. …
discussed
Cited "see, e.g."
Summage v. McEvers
See also McCracken v. Jones, 562 F.2d 22, 24 (10th Cir.1977), cert. denied, 435 U.S. 917 (1978). 14 While the courts must regard even "inartfully pled" pro se complaints with less than the usual stringent standards, they also may dismiss them when it is " 'beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.' " Haines v. Kerner, 404 U.S. 519, 521 (1972) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957)).
cited
Cited "see, e.g."
Stephen Bishop v. Medical Records Officer, Prison of New Mexico Prison of New Mexico, North Facility Robert Tansy, Warden
See also McCracken v. Jones, 562 F.2d 22, 24 (10th Cir.1977), cert. denied, 435 U.S. 917 (1978).
discussed
Cited "see, e.g."
United States v. Patrick M. Cannon
United States v. Kavazanjian, 623 F.2d 730, 739 (1st Cir.1980) (citing Yates v. United States, 354 U.S. 298, 311-12 , 77 S.Ct. 1064, 1072-73 , 1 L.Ed.2d 1356 (1957)); see also United States v. Moynagh, 566 F.2d 799, 804 (1st Cir.1977), cert. denied, 435 U.S. 917 , 98 S.Ct. 1475 , 55 L.Ed.2d 510 (1978).
discussed
Cited "see, e.g."
State v. Brown
See, e.g., People v. Persinger, 49 Ill.App.3d 116 , 6 Ill.Dec. 950 , 363 N.E.2d 897 (1977), cert. denied, 435 U.S. 917 , 98 S.Ct. 1474 , 55 L.Ed.2d 509 (1978); Myers v. Sheriff, Clark County, 94 Nev. 120 , 576 P.2d 273 (1978); State v. Hernandez, 159 N.J.Super. 304 , 387 A.2d 1242 (App.Div.1978), affirmed, 78 N.J. 541 , 397 A.2d 328 (1979); White v. State, 582 P.2d 1334 (Okla.Crim.App.1978); Commonwealth v. Herberg, 306 Pa.Super. 245 , 452 A.2d 536 (1982). 7 This question has not been confronted directly by the appellate courts of Idaho.
cited
Cited "see, e.g."
UNITED STATES of America, Appellee, v. Thomas R. BRIMBERRY, Appellant
See, e.g., United States v. Moynagh, 566 F.2d 799, 803 (1st Cir.1977), ce rt. denied, 435 U.S. 917 , 98 S.Ct. 1475 , 55 L.Ed.2d 510 (1978).
cited
Cited "see, e.g."
United States v. Bretz
See also United States v. Deaton, 563 F.2d 777 (5th Cir. 1977), cert. denied, 435 U.S. 917 , 98 S.Ct. 1475 , 55 L.Ed.2d 510 (1978).
Retrieving the full opinion text from the archive…
Lewis et ux.
v.
United States
v.
United States
No. 77-6024.
Supreme Court of the United States.
Mar 6, 1978.
Published
Citer courts: E.D. Oklahoma (1)
Ct. Cl. Certiorari denied.