At page 496 holding that a pretrial detainee with dislocated and fractured vertebrae stated a valid claim for relief where officials provided him with no medical attention7 citing cases
- Ford v. Anderson Cnty., 102 F.4th 292 (5th Cir. 2024).published(holding that a pretrial detainee with dislocated and fractured vertebrae stated a valid claim for relief where officials provided him with no medical attention)
- Ford v. Anderson Cnty., 90 F.4th 736 (5th Cir. 2024).published(holding that a pretrial detainee with dislocated and fractured vertebrae stated a valid claim for relief where officials provided him with no medical attention)
- Hughes v. Judd, 108 F. Supp. 3d 1167 (M.D. Fla. 2015).publishedHewett v. Jarrard, 786 F.2d 1080, 1086-87 (11th Cir.1986) (three-day delay in medical treatment for shoulder injury was “ ‘reckless disregard’ ” for detainee’s serious medical need and was a constitutional violation); Ancata v. Prison Heal…
- Hill v. Dekalb Reg'l Youth Det. Ctr., 40 F.3d 1176 (11th Cir. 1994).publishedHewett v. Jarrard, 786 F.2d 1080, 1086-87 (11th Cir.1986) (three-day delay in medical treatment for shoulder injury was " ‘reckless disregard’ ” for detainee's serious medical need and was a constitutional violation); Ancata v. Prison Heal…
- Shirley Hill, Individually & Mark Anthony Hill, Individually v. Dekalb Reg'l Youth Det. Ctr., Cnty. of Dekalb, Georgia A/K/A Dekalb Reg'l Youth Det. Ctr., Faye Swain, Shirley Hill, Individually & Mark Anthony Hill, Individually v. Dekalb Reg'l Youth Det. Ctr., Cnty. of Dekalb, Georgia A/K/A Dekalb Reg'l Youth Det. Ctr., Donald Wilkinson & Dolphus Lewis, 40 F.3d 1176 (11th Cir. 1994).publishedHewett v. Jarrard, 786 F.2d 1080, 1086-87 (11th Cir.1986) (three-day delay in medical treatment for shoulder injury was " 'reckless disregard' " for detainee's serious medical need and was a constitutional violation); Ancata v. Prison Heal…
- Hayes Williams & Arthur Mitchell v. David C. Treen, Governor of the State of Louisiana, 671 F.2d 892 (5th Cir. 1982).publishedSee, e.g., Martinez v. Mancusi, 443 F.2d 921 , 923 (2nd Cir. 1970); Cates v. Ciceone, 422 F.2d 926 (8th Cir. 1970); U. S. ex rel Hyde v. McGinnis, 429 F.2d 864 (2nd Cir. 1970); Church v. Hegstrom, 416 F.2d 449 , 451 (2nd Cir. 1969); Blanks…
- Roberts v. Trapnell, 213 F. Supp. 49 (E.D. Pa. 1962).publishedSee Hughes v. Noble, 295 F.2d 495, 496 (5th Cir. 1961).
At page 495 thirteen hours3 citing cases
- Duran v. El Paso Police Dep't, No. 3:19-cv-00335 (W.D. Tex. Feb. 11, 2021).Tex. Apr. 28, 2009) (citing Mendoza v. Lynaugh, 989 F.2d 191, 195 (5th Cir. 1993)). “[A]n unexplained delay of hours in treating a serious injury states a prima facie case of deliberate indifference.” Brown v. Hughes, 894 F.2d 1533, 1537 (…
- Arlington Leon Brown, 036932 v. Sgt. Chris Hughes, Chief Deputy Charles Tompkins, Etc., 894 F.2d 1533 (11th Cir. 1990).published(thirteen hours)
- Murey v. The City of Chickasaw Alabama, No. 1:18-cv-00275 (S.D. Ala. Nov. 22, 2019).See also Estelle v. Gamble, 429 U.S. at 104 , n. 11 (citing Hughes v. Noble, 295 F.2d 495, 495 (5th Cir. 1961)12 (thirteen hours); and Fitzke v. Shappell, 468 F.2d 1072 (6th Cir. 1972) (twelve hours).
Other citing cases
- Ross v. Bounds, 373 F. Supp. 450 (E.D.N.C. 1974).published
- William L. Roberts, as Adm'r of the Est. of James O. Roberts, Deceased v. James Acres & the Vill. of Markham, a Mun. Corp., 495 F.2d 57 (7th Cir. 1974).published
v.
Chester C. NOBLE, Appellee
This action purports to be under 42 U.S.C.A. § 1983 for a deprivation of civil rights. The appeal is from a judgment sustaining a motion to dismiss the complaint. The complaint alleges that plaintiff lost control of his automobile[*496] and ran off the highway into a ditch, with a result that his neck was broken; and, further, that: “the defendant without any just cause or provocation and under color of his authority as Sheriff of Clarke County, Alabama, then took the plaintiff into custody and placed him under arrest thereby causing plaintiff to be incarcerated in the County Jail of Clarke County, Alabama. The plaintiff was then locked in a cell and despite his repeated requests for medical attention it was denied him. The plaintiff was further denied the right to use a telephone to call a physician or anyone else to come attend to his injuries even though the plaintiff offered to and had the means of paying for said attention. The plaintiff was locked in his cell from to-wit: 10:30 P.M. on July 2, 1960, until to-wit: 11:30 A.M. on July 3, 1960, despite his repeated requests for medical attention and severe pain which he was forced to endure. Immediately upon his release the plaintiff sought medical attention and his injuries were diagnosed as two dislocated and one fractured cervical vertebrae. That the plaintiff was hospitalized and in traction for a period of fifteen (15) days after his release from the jail. That he was compelled to wear a brace about his neck for a period of five months which all resulted in his losing time from his work.”
The complaint was far from a model of perfection, and the defendant could doubtless have successfully moved for a more definite statement. See Rule 12(e), Federal Rules of Civil Procedure, 28 U.S.C.A. Nonetheless, the purpose of pleading is to facilitate a proper decision on the merits.
“In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him. to relief.” Conley v. Gibson, 1957, 355 U.S., 41, 45, 46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80. This Court has held that test applicable to a complaint drawn under this same section. Lewis v. Brautigam, 5 Cir., 1955, 227 F.2d 124, 127, 55 A.L.R.2d 505.
It does not appear beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. See Monroe v. Pape, 1961, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed. 2d 492; Coleman v. Johnston, 7 Cir., 1957, 247 F.2d 273; Hardwick v. Hurley, 7 Cir., 1961, 289 F.2d 529. The judgment is therefore reversed and the cause remanded.
Reversed and remanded.