Isenberg v. Prasse, 433 F.2d 449 (3rd Cir. 1970). · Go Syfert
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Isenberg v. Prasse, 433 F.2d 449 (3rd Cir. 1970). Cases Citing This Book View Copy Cite
25 citation events (7 in the last 25 years) across 6 distinct courts.
Strongest positive: Jackson v. Labosky (pamd, 2025-06-04)
Treatment trajectory · 1970 → 2026 · click a year to view as-of
1970 1998 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited "see" Jackson v. Labosky
M.D. Penn. · 2025 · signal: see · confidence high
See /senberg v. Prasse, 433 F.2d 449 (3d Cir. 1970) (rejecting a claim that malpractice by a dentist while extracting teeth constitutes unconstitutional cruel and unusual punishment); Green v. Dep't of Corr., 2012 WL 2354443 , *3 (3d Cir. 2012) (finding that the prisoner's claim that the prison dentist accidentally broke his front tooth alleged mere negligence and did not rise to level of deliberate indifference to prisoner's needs).
discussed Cited "see" Blanchard II v. Amin
M.D. Penn. · 2024 · signal: see · confidence high
See Isenberg v. Prasse, 433 F.2d 449 (3d Cir. 1970) (rejecting a claim that malpractice by a 28 dentist while extracting teeth constitutes unconstitutional cruel and unusual punishment); Green v. Dep’t of Corr., 2012 WL 2354443 , *3 (3d Cir. 2012) (finding that the prisoner's claim that the prison dentist accidentally broke his front tooth alleged mere negligence and did not rise to level of deliberate indifference to prisoner's needs); Gindraw v. Dendler, 967 F. Supp. 833, 836-38 (E.D.
discussed Cited "see" Singleton v. Beadle
M.D. Penn. · 2019 · signal: see · confidence high
See Isenberg v. Prasse, 433 F.2d 449 (3d Cir. 1970) (rejecting a claim that malpractice by a dentist while extracting teeth constitutes unconstitutional cruel and unusual punishment); Green v. Dep't of Corr., 2012 WL 2354443 , *3 (3d Cir. 2012) (finding that the prisoner’s claim that the prison dentist accidentally broke his front tooth alleged mere negligence and did not rise to level of deliberate indifference to prisoner's needs); Gindraw v. Dendler, 967 F. Supp. 833, 836-38 (E.D.
cited Cited "see" Gillespie v. Hogan
3rd Cir. · 2006 · signal: see · confidence high
See Isenberg v. Prasse, 433 F.2d 449 (3d Cir.1970) (rejecting claim that malpractice by dentist while extracting teeth constitutes unconstitutional cruel and unusual punishment).
cited Cited "see" Christy v. Robinson
D.N.J. · 2002 · signal: see · confidence high
See Isenberg v. Prasse, 433 F.2d 449 (3d Cir.1970) (per curiam) (differences in opinions between patients and doctors do not amount to an Eighth Amendment violation).
cited Cited "see" Leo McCracken and Park Anderson v. Riley Mitchell Jones, Riley Mitchell Jones, Cross-Appellant v. Leo McCracken and Park Anderson, Cross-Appellees
10th Cir. · 1977 · signal: see · confidence high
See Estelle v. Gamble, 429 U.S. 97 , 97 S.Ct. 285 , 50 L.Ed.2d 251 , and Isenberg v. Prasse, 433 F.2d 449 (3d Cir.).
discussed Cited "see, e.g." Paris Williams v. Dr. Demian, et al.
M.D. Penn. · 2026 · signal: see, e.g. · confidence low
See, e.g., Isenberg v. Prasse, 433 F.2d 449 (3d Cir. 1970) (rejecting a claim that malpractice by a dentist while extracting teeth constitutes unconstitutional cruel and unusual punishment); Green v. Dep't of Corr., 2012 WL 2354443 , *3 (3d Cir. 2012) (finding that the prisoner's claim that the prison dentist accidentally broke his front tooth alleged mere negligence and did not rise to the level of deliberate indifference to the prisoner's needs).
Retrieving the full opinion text from the archive…
John Isenberg, State Correctional Institution, Pittsburgh, Pennsylvania
v.
Arthur T. Prasse, State Correctional Institution, Camp Hill, Pennsylvania and Dr. Ernest T. Lewis, State Correctional Institution, Pittsburgh, Pennsylvania
18881.
Court of Appeals for the Third Circuit.
Nov 10, 1970.
433 F.2d 449
Cited by 4 opinions  |  Published

433 F.2d 449

John ISENBERG, State Correctional Institution, Pittsburgh, Pennsylvania, Appellant,
v.
Arthur T. PRASSE, State Correctional Institution, Camp Hill, Pennsylvania and Dr. Ernest T. Lewis, State Correctional Institution, Pittsburgh, Pennsylvania.

No. 18881.

United States Court of Appeals, Third Circuit.

Submitted October 30, 1970.

Decided November 10, 1970.

John Isenberg, in pro. per.

Joseph Martin Gelman, Special Asst. Atty. Gen., Pittsburgh, Pa. (William C. Sennett, Atty. Gen., Harrisburg, Pa., on the brief), for appellees.

Before FORMAN, SEITZ and ALDISERT, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

1

This is an appeal from an order of the district court denying plaintiff's motion for leave to proceed in forma pauperis to file a civil rights complaint.

2

Plaintiff's complaint names as defendants the Commissioner of the Bureau of Corrections and a dentist employed by the Bureau at its Pittsburgh Correctional Institution. He alleges in effect that while a state prisoner he was the victim of malpractice by the defendant dentist in connection with the extraction of his teeth and the treatment of his gums. He alleges that such conduct constituted cruel and unusual punishment and a denial of equal protection under the United States Constitution.

3

The district court denied plaintiff's motion on the ground that plaintiff was seeking to commence an action which was barred by the statute of limitations. We do not reach the ground relied on by the district court because we think the denial of leave to proceed in forma pauperis was justified on the ground that the claim is clearly frivolous because it amounts to no more than a tort claim for malpractice and as such is not cognizable under the Civil Rights Act. See Fear v. Commonwealth of Pennsylvania, 413 F.2d 88 (3d Cir. 1969).

4

The order of the district court will be affirmed.