Federal courts should generally refrain from second-guessing medical judgments or constitutionalizing claims that are essentially matters of state tort law.
A former inmate filed a complaint alleging that jail authorities denied him necessary medical treatment for a bleeding ulcer, causing him intense discomfort and suffering. The district court dismissed the complaint for failure to state a claim because the plaintiff failed to allege a tangible residual injury. The court held that a prisoner states a proper cause of action when he alleges that prison authorities denied reasonable requests for medical treatment in the face of an obvious need for such attention where the inmate is thereby exposed to undue suffering or the threat of tangible residual injury. The dismissal was improper because the complaint adequately alleged a deprivation of needed medical care.
At page 860 Denial of medical care and deliberate indifference640 citing casesWhere a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which sound in state tort law.
- Hunter, No. 3:24-cv-00316 (N.D. Ohio Mar. 13, 2026).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Bennett v. Washington, No. 4:23-cv-00126 (W.D. Ky. Mar. 13, 2025). (Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Lauderdale v. Brady, No. 4:22-cv-00117 (W.D. Ky. Mar. 4, 2025). (Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Bartlett v. Woosley, No. 4:22-cv-00158 (W.D. Ky. Oct. 29, 2024).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- White v. Lewis, No. 4:22-cv-00123 (W.D. Ky. Sept. 4, 2024).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Maynard v. Lincoln Cnty. Jail, No. 1:24-cv-00229 (E.D. Tenn. July 30, 2024).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Jessie v. Phanuf, No. 5:21-cv-11201 (E.D. Mich. Apr. 19, 2023).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Johnson v. Chambers-Smith, No. 2:22-cv-04179 (S.D. Ohio Mar. 17, 2023).(This is not to say that every request for medical attention must be heeded nor that courts are to engage in the process of second-guessing in every case the adequacy of medical care that the state provides.)
- Smith v. Corizon Health Corp., No. 2:18-cv-10010 (E.D. Mich. Oct. 23, 2020).([M]edical care [must] be provided to one who is incarcerated and may be suffering from serious illness or injury. This is not to say that every request for medical attention must be heeded nor that courts are to engage…)
- Hearington v. Pandya, 689 F. App'x 422 (6th Cir. 2017).unpublished ([F]ederal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which sound in state tort law)
Show 195 more citing cases
- Cnty. of El Paso v. Dorado, No. 08-03-00421-CV (Tex. App.—El Paso Dec. 1, 2005).published(deliberate indifference)
- Cnty. of El Paso v. Dorado, No. 08-03-00421-CV (Tex. App.—El Paso Sept. 15, 2005).published(deliberate indifference)
- Boyd v. Robeson Cnty., 621 S.E.2d 1 (N.C. Ct. App. 2005).published(We agree with the Ninth Circuit that a prisoner who is needlessly allowed to suffer pain when relief is readily available does have a cause of action against those whose deliberate indifference is the cause of his suff…)
- Estelle v. Gamble, 429 U.S. 97 (1976).published (deliberate indifference)
- Sullivan, No. 2:25-cv-11912 (E.D. Mich. Aug. 11, 2026).Mich. Sept. 25, 2012); Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1976) (“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second…
- Haywood, No. 2:23-cv-12099 (E.D. Mich. July 21, 2026).Mich. Sept. 25, 2012); Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1976) (“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second…
- Manning, No. 3:25-cv-02515 (N.D. Ohio July 14, 2026).Where a prisoner has received some treatment for a medical need or condition, in order to state an Eighth Amendment claim, the prisoner must show the treatment he received was “so woefully inadequate as to amount to no treatment at all.” M…
- Taylor, No. 4:23-cv-00085 (W.D. Ky. July 1, 2026).“As to the second prong, it is important to note that Brawner did not change the principle that mere medical negligence, nor a disagreement between treater and patient as to the better course of treatment, does not equate to a constitution…
- Dowell, No. 1:22-cv-01009 (W.D. Tenn. Jan. 6, 2026).Sixth Circuit caselaw has long held that there is a distinction between a claim about the “complete denial of medical care” and one “that a prisoner received inadequate medical treatment.” See Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th…
- Phippen, No. 3:24-cv-00781 (M.D. Tenn. Jan. 5, 2026).Generally, an inmate's disagreement with medical providers “over the proper course of treatment alleges, at most, a medical-malpractice claim, which is not cognizable under § 1983.” Darrah v. Krisher, 865 F.3d 361, 372 (6th Cir. 2017); Owe…
- Sampy v. Unknown, No. 6:23-cv-00686 (W.D. La. July 14, 2025).Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1976) (“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgment…
- Webster v. Core Civic, No. 1:22-cv-01160 (W.D. Tenn. May 9, 2025).Estelle, 429 U.S. at 107 ; Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1976) (“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to se…
- Cole v. Tennessee Dep't of Corr., No. 3:24-cv-00751 (M.D. Tenn. Mar. 14, 2025).Servs., 555 F.3d 543, 550 (6th Cir. 2009) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)); see also Kellerman v. Simpson, 258 F. App’x 720, 725 (6th Cir. 2007) (“Allegations of medical malpractice or negligent medical care are insuffi…
- Wright v. Sprayberry, No. 4:22-cv-00097 (N.D. Ga. Mar. 14, 2025).At most it is medical malpractice[.]”); Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1976) (“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally re…
- Dowell v. Kent, No. 1:22-cv-01009 (W.D. Tenn. Feb. 26, 2025).Estelle, 429 U.S. at 107 ; Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1976) (“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to se…
- Jackson v. Corr. Ctr. of Nw. Ohio, No. 3:24-cv-02041 (N.D. Ohio Feb. 19, 2025).Where a prisoner has received some treatment for a medical need or condition, in order to state an Eighth Amendment claim, the prisoner must show the treatment he received was “so woefully inadequate as to amount to no treatment at all.” M…
- Hill v. Aramark Corr. Servs., No. 1:23-cv-00406 (S.D. Ohio Jan. 14, 2025).Estelle, 429 U.S. at 107; Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1976) (“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to sec…
- King v. Aramark Corr. Servs., No. 2:23-cv-00156 (S.D. Ohio Jan. 13, 2025).Estelle, 429 U.S. at 107 ; Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1976) (“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to se…
- Burke v. Aramark Corr. Servs., No. 2:22-cv-04421 (S.D. Ohio Jan. 13, 2025).Estelle, 429 U.S. at 107 ; Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1976) (“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to se…
- Woods v. Aramark Corr. Servs., No. 2:22-cv-04420 (S.D. Ohio Jan. 13, 2025).Estelle, 429 U.S. at 107 ; Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1976) (“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to se…
- Taylor v. Wellpath Med., No. 3:22-cv-00705 (M.D. Tenn. Aug. 20, 2024).See Anthony v. Swanson, 701 F.App'x 460, 464 (6th Cir. 2017); Mitchell v. Hininger, 553 F.App’x. 602, 605 (6th Cir. 2014); Alspaugh v. McConnell, 643 F.3d 162, 169 (6th Cir. 2011). \Generally, an inmate’s disagreement with medical provider…
- Taylor v. Wardlow, No. 1:24-cv-01028 (W.D. Tenn. Aug. 9, 2024).Estelle, 429 U.S. at 107 ; Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1976) (“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to se…
- Collins v. Warren Cnty., Tennessee, No. 4:22-cv-00049 (E.D. Tenn. May 8, 2024).See Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1996) (“federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which sound in state tort law”).
- Hays v. Centurion Med. Servs., No. 3:23-cv-00863 (M.D. Tenn. Apr. 3, 2024).Id.; see also Westlake v. Lucas, 537 F.2d 857 , 860 n.5 (6th Cir. 1976) (“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess me…
- Blaylock v. Cooper, No. 2:22-cv-10049 (E.D. Mich. Mar. 11, 2024).Westlake v. Lucas, 537 F.2d 857 , 860 n. 5 (6th Cir. 1976) (“[w]e distinguish between cases where the complaint alleges a complete denial of medical care and those cases where the claim is that a prisoner received inadequate medical treatm…
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- Fleming, No. 1:26-cv-00160 (N.D. Ohio Dec. 23, 2025).
- Butts, No. 5:25-cv-00152 (W.D. Ky. Feb. 3, 2026).
- Bishop, No. 2:26-cv-00037 (S.D. Ohio Feb. 4, 2026).
- Thomas Edward Burke, Jr. v. Luther Luckett Corr. Complex Et Al., No. 3:23-cv-00219 (W.D. Ky. Mar. 9, 2026).
- Arnold, No. 1:24-cv-00201 (E.D. Tenn. Mar. 9, 2026).
- Moore, No. 5:25-cv-00183 (W.D. Ky. Mar. 16, 2026).
- Farris, No. 1:25-cv-00045 (M.D. Tenn. Mar. 13, 2026).
- Champelle, No. 1:26-cv-00002 (S.D. Ohio Feb. 26, 2026).
- Bishop, No. 2:26-cv-00037 (S.D. Ohio Mar. 6, 2026).
- McCullough, No. 6:25-cv-00200 (E.D. Ky. June 9, 2026).
- Deandre Berry v. Unknown Lee, No. 1:26-cv-00781 (W.D. Mich. June 8, 2026).
- Hoover, No. 1:26-cv-01017 (W.D. Mich. June 10, 2026).
- William Hoss v. Unknown Party et al., No. 1:26-cv-00664 (W.D. Mich. June 23, 2026).
- Bonds, No. 2:25-cv-01487 (S.D. Ohio June 30, 2026).
- Sices, No. 1:25-cv-01548 (W.D. Mich. July 16, 2026).
- Marquise White #838737 v. Chippewa Corr. Facility, et al., No. 2:23-cv-00196 (W.D. Mich. June 17, 2026).
- Chapa, No. 5:26-cv-00063 (W.D. Ky. Aug. 6, 2026).
- Chambers-Smith, No. 1:24-cv-00505 (N.D. Ohio Aug. 5, 2026).
- James, No. 2:25-cv-00291 (W.D. Mich. Aug. 7, 2026).
- Chambers, No. 1:26-cv-00611 (S.D. Ohio July 31, 2026).
- Nelms, No. 2:21-cv-10917 (E.D. Mich. Aug. 12, 2026).
- Bledsoe, No. 1:26-cv-00662 (W.D. Mich. Aug. 19, 2026).
- Jay Lee Holmes v. Michigan Dep't of Corr. et al., No. 1:25-cv-01210 (W.D. Mich. Aug. 21, 2026).
- John Christopher Troyer v. Unknown Party #1 et al., No. 1:26-cv-00846 (W.D. Mich. Aug. 21, 2026).
- Higgins, No. 1:26-cv-00865 (W.D. Mich. Aug. 21, 2026).
- Parks, No. 2:25-cv-00282 (W.D. Mich. Aug. 21, 2026).
- Champelle, No. 1:26-cv-00632 (S.D. Ohio Sept. 1, 2026).
- Brandyn Steven Johnson v. Unknown Russo, Et Al., No. 2:26-cv-00045 (W.D. Mich. Sept. 16, 2026).
- Groff, No. 1:25-cv-00415 (W.D. Mich. Sept. 18, 2026).
- Vieau, No. 2:25-cv-00316 (W.D. Mich. Sept. 18, 2026).
- Hutchinson, No. 1:26-cv-01189 (W.D. Mich. Sept. 28, 2026).
At page 858 Standard for motions to dismiss under rule 12(b)(6)289 citing cases
- George Yakubek & Nancy Yakubek v. Donald Rex, 963 F.2d 374 (6th Cir. 1992).unpublished
- Shelly L. Mann Robert W. Thorson, Beverly Kish, Proposed Intervenor-Appellant v. Patrick J. Conlin, 22 F.3d 100 (6th Cir. 1994).published
- Gazette v. City of Pontiac, 41 F.3d 1061 (6th Cir. 1994).published
- Miller v. Currie, 50 F.3d 373 (6th Cir. 1995).published
- Cleveland Indus. Square, Inc. v. White, 52 F.3d 324 (6th Cir. 1995).published
- John Doe Jane Doe v. George Lockwood City of Niles Richard Dixon Richard Wilson Chris Mannella Bruce Bennett Warren City Bd. of Health, 89 F.3d 833 (6th Cir. 1996).unpublished
- 21 Emp. Benefits Cas. 2249, Pens. Plan Guide (Cch) P 23940b, 133 F.3d 416 (6th Cir. 1998).published
- Evans-Marshall v. Bd. of Educ. of the Tipp City Exempted Vill. Sch. Dist., 428 F.3d 223 (6th Cir. 2005).published
- Sherman Petty v. Cnty. of Franklin, Ohio, 478 F.3d 341 (6th Cir. 2007).published
- Scott v. Ambani, 577 F.3d 642 (6th Cir. 2009).published
Show 181 more citing cases
- City of Toledo v. Beazer Materials & Servs., Inc., 833 F. Supp. 646 (N.D. Ohio 1993).published
- Burnett v. Tyco Corp., 932 F. Supp. 1039 (W.D. Tenn. 1996).published
- In Re Nat'l Century Fin. Enter., Inc., 604 F. Supp. 2d 1128 (S.D. Ohio 2009).published
- Griswold v. Fresenius USA, Inc., 964 F. Supp. 1166 (N.D. Ohio 1997).published
- Logsdon v. Hains, 492 F.3d 334 (6th Cir. 2007).published
- WHS Ent. Ventures v. United Paperworkers Int'l Union, 997 F. Supp. 946 (M.D. Tenn. 1998).published
- Tolbert v. Ohio Dep't of Transp., 992 F. Supp. 951 (N.D. Ohio 1998).published
- Strout v. U.S. Parole Comm'n, 842 F. Supp. 948 (E.D. Mich. 1994).published
- Jackson v. Novastar Mortg., Inc., 645 F. Supp. 2d 636 (W.D. Tenn. 2007).published
- Doe v. SexSearch. Com, 502 F. Supp. 2d 719 (N.D. Ohio 2007).published
- Canales v. Gabry, 844 F. Supp. 1167 (E.D. Mich. 1994).published
- Phar-Mor, Inc. v. Florida Self-Insurers Guar. Ass'n (In Re Phar-Mor, Inc.), 344 B.R. 852 (Bankr. N.D. Ohio 2005).published
- Randolph Cnty. Fed. Sav. & Loan Assoc. v. Sutliffe, 775 F. Supp. 1113 (S.D. Ohio 1991).published
- Carter v. Welles-Bowen Realty, Inc., 493 F. Supp. 2d 921 (N.D. Ohio 2007).published
- Misch v. Cmty. Mut. Ins. Co., 896 F. Supp. 734 (S.D. Ohio 1994).published
- Williamson v. Rexam Beverage Can Co., 497 F. Supp. 2d 900 (S.D. Ohio 2007).published
- Cmty. Treatment Centers, Inc. v. City of Westland, 970 F. Supp. 1197 (E.D. Mich. 1997).published
- Ohio Pub. Interest Rsch. Grp. v. Laidlaw Env't Servs., Inc., 963 F. Supp. 635 (S.D. Ohio 1996).published
- City of Health, Ohio v. Ashland Oil, Inc., 834 F. Supp. 971 (S.D. Ohio 1993).published
- Montgomery v. Carr, 848 F. Supp. 770 (S.D. Ohio 1993).published
- Jones v. Hyatt Legal Servs. (In Re Dow), 132 B.R. 853 (Bankr. S.D. Ohio 1991).published
- Joelson v. United States, 179 B.R. 857 (N.D. Ohio 1995).published
- Haffey v. Taft, 803 F. Supp. 121 (S.D. Ohio 1992).published
- Toyz, Inc. v. Wireless Toyz, Inc., 799 F. Supp. 2d 737 (E.D. Mich. 2011).published
- Harchar v. United States, 435 B.R. 480 (N.D. Ohio 2010).published
- In Re Nat'l Century Fin. Enter., Inc., 617 F. Supp. 2d 700 (S.D. Ohio 2009).published
- Havenick v. Network Express, Inc., 981 F. Supp. 480 (E.D. Mich. 1997).published
- Leach v. Manning, 105 F. Supp. 2d 707 (E.D. Mich. 2000).published
- ALVORD INVESTMENTS, LLC v. Hartford Fin. Servs. Grp., Inc., 660 F. Supp. 2d 850 (W.D. Tenn. 2009).published
- Monroe Retail, Inc. v. Charter One Bank, N.A., 624 F. Supp. 2d 677 (N.D. Ohio 2007).published
- Charter Oak Fire Ins. v. Broan Nutone, LLC, 348 F. Supp. 2d 934 (W.D. Tenn. 2004).published
- Gen. Elec. Co. v. Latin Am. Imports, S.A., 187 F. Supp. 2d 749 (W.D. Ky. 2001).published
- Roberts v. Alan Ritchey, Inc., 962 F. Supp. 1028 (S.D. Ohio 1997).published
- Toledo Blade Newspaper Unions-Blade Pension Plan v. Inv. Performance Servs., LLC, 373 F. Supp. 2d 735 (N.D. Ohio 2005).published
- Merzin v. Provident Fin. Grp., Inc., 311 F. Supp. 2d 674 (S.D. Ohio 2004).published
- Kammeyer v. City of Sharonville, 311 F. Supp. 2d 653 (S.D. Ohio 2003).published
- United Food & Com. Workers Union Local No. 911 v. United Food & Com. Workers Int'l Union, 119 F. Supp. 2d 724 (N.D. Ohio 2000).published
- Roberson v. Medtronic, Inc., 494 F. Supp. 2d 864 (W.D. Tenn. 2007).published
- Wuliger v. Ardan Grp., Ltd., 504 F. Supp. 2d 282 (N.D. Ohio 2007).published
- Lawrence v. Dixon Ticonderoga Co., 305 F. Supp. 2d 806 (N.D. Ohio 2004).published
- Verran v. United States, 305 F. Supp. 2d 765 (E.D. Mich. 2004).published
- Garza v. Nw. Airlines, Inc., 305 F. Supp. 2d 777 (E.D. Mich. 2004).published
- Morrison v. Brookstone Mortg. Co., Inc., 415 F. Supp. 2d 801 (S.D. Ohio 2005).published
- Wuliger v. Sewell, 363 F. Supp. 2d 940 (N.D. Ohio 2005).published
- Fresh Start Academy v. Toledo Bd. of Educ., 363 F. Supp. 2d 910 (N.D. Ohio 2005).published
- Wuliger v. Anstaett, 363 F. Supp. 2d 917 (N.D. Ohio 2005).published
- Oldham Ex Rel. Young v. Cincinnati Pub. Schs., 118 F. Supp. 2d 867 (S.D. Ohio 2000).published
- Clark v. Alston, 442 F. Supp. 2d 395 (E.D. Mich. 2006).published
- Hayes v. Allstate Ins., 95 F. Supp. 2d 832 (W.D. Tenn. 2000).published
- Fed. Express Corp. v. United States Postal Serv., 75 F. Supp. 2d 807 (W.D. Tenn. 1999).published
- Akella v. Michigan Dep't of State Police, 67 F. Supp. 2d 716 (E.D. Mich. 1999).published
- Casillas v. Fed. Express Corp., 140 F. Supp. 2d 875 (W.D. Tenn. 2001).published
- Michigan AFSCME Council 25 v. Aurora Healthcare, Inc., 256 F. Supp. 2d 713 (E.D. Mich. 2003).published
- Salatin v. Trans Healthcare of Ohio, Inc., 170 F. Supp. 2d 775 (N.D. Ohio 2001).published
- At&T CORP. v. City of Toledo, 351 F. Supp. 2d 744 (N.D. Ohio 2005).published
- Caboodles Cosmetics, Ltd. P'ship v. Caboodles, LLC, 412 F. Supp. 2d 872 (W.D. Tenn. 2006).published
- Marshall v. Ormet Corp., 228 F. Supp. 2d 811 (S.D. Ohio 2002).published
- Wolfe v. MBNA Am. Bank, 485 F. Supp. 2d 874 (W.D. Tenn. 2007).published
- Carr v. Home Tech Co., Inc., 476 F. Supp. 2d 859 (W.D. Tenn. 2007).published
- Johnson v. Equity Title & Escrow Co. of Memphis, LLC, 476 F. Supp. 2d 873 (W.D. Tenn. 2007).published
- Beard v. Worldwide Mortg. Corp., 354 F. Supp. 2d 789 (W.D. Tenn. 2005).published
- Pendleton Pines Assocs., L.L.C. v. Ledic Mgmt., L.L.C., 354 F. Supp. 2d 775 (W.D. Tenn. 2005).published
- Cupp v. Alberto-Culver USA, Inc., 310 F. Supp. 2d 963 (W.D. Tenn. 2004).published
- Roudnahal v. Ridge, 310 F. Supp. 2d 884 (N.D. Ohio 2003).published
- Signature Combs, Inc. v. United States, 248 F. Supp. 2d 741 (W.D. Tenn. 2003).published
- Guardsmark, Inc. v. Bluecross & Blueshield of Tennessee, 169 F. Supp. 2d 794 (W.D. Tenn. 2001).published
- HANANIYA v. City of Memphis, 252 F. Supp. 2d 607 (W.D. Tenn. 2003).published
- Culberson v. Doan, 65 F. Supp. 2d 701 (S.D. Ohio 1999).published
- Wuliger v. Owens, 365 F. Supp. 2d 838 (N.D. Ohio 2005).published
- McNett v. Hardin Cmty. Fed. Credit Union, 394 F. Supp. 2d 1020 (N.D. Ohio 2005).published
- Williams v. Sears, Roebuck & Co., 143 F. Supp. 2d 941 (W.D. Tenn. 2001).published
- Cuno v. DaimlerChrysler, Inc., 154 F. Supp. 2d 1196 (N.D. Ohio 2001).published
- McEntee v. Henderson, 154 F. Supp. 2d 1286 (S.D. Ohio 2001).published
- Humes v. Gilless, 154 F. Supp. 2d 1353 (W.D. Tenn. 2001).published
- Games Galore of Ohio, Inc. v. Masminster, 154 F. Supp. 2d 1292 (S.D. Ohio 2001).published
- Toledo Museum of Art v. Ullin, 477 F. Supp. 2d 802 (N.D. Ohio 2006).published
- City of Findlay v. Hotels.Com, L.P., 441 F. Supp. 2d 855 (N.D. Ohio 2006).published
- Fizer-Jordan v. Ziglar, 242 F. Supp. 2d 474 (E.D. Mich. 2003).published
- Lewis v. Drouillard, 704 F. Supp. 2d 673 (E.D. Mich. 2010).published
- Isabel v. Velsicol Chem. Co., 327 F. Supp. 2d 915 (W.D. Tenn. 2004).published
- Hady v. Hunt-Wesson, Inc., 63 F. Supp. 2d 830 (N.D. Ohio 1999).published
- United States Ex Rel. Whitcomb v. Physiotherapy Assocs., Inc., 555 F. Supp. 2d 949 (W.D. Tenn. 2008).published
- Cincinnati Enquirer v. Cincinnati Bd. of Educ., 249 F. Supp. 2d 911 (S.D. Ohio 2003).published
- Ziegler v. Findlay Indus., Inc., 380 F. Supp. 2d 909 (N.D. Ohio 2005).published
- United States v. Smith & Nephew, Inc., 749 F. Supp. 2d 773 (W.D. Tenn. 2010).published
- Chase v. Nw. Airlines Corp., 49 F. Supp. 2d 553 (E.D. Mich. 1999).published
- Textile Processors, Serv. Trades, Health Care, Prof'l & Technical Employees Int'l Union v. Textile Processors, Serv. Trades, Health Care, Prof'l & Technical Employees Int'l Union, 49 F. Supp. 2d 569 (E.D. Mich. 1999).published
- Hoeberling v. Nolan, 49 F. Supp. 2d 575 (E.D. Mich. 1999).published
- Chalmers v. Clemons, 359 F. Supp. 2d 700 (W.D. Tenn. 2005).published
- Greenburg v. Hiner, 359 F. Supp. 2d 675 (N.D. Ohio 2005).published
- Crone v. Darnell, 176 F. Supp. 2d 814 (W.D. Tenn. 2001).published
- Bradford v. Bracken Cnty., 767 F. Supp. 2d 740 (E.D. Ky. 2011).published
- Johnson v. Peake, 755 F. Supp. 2d 888 (W.D. Tenn. 2010).published
- Aldridge v. United States, 282 F. Supp. 2d 802 (W.D. Tenn. 2003).published
- QQC, INC. v. Hewlett-Packard Co., 258 F. Supp. 2d 718 (E.D. Mich. 2003).published
- Tullis v. UMB Bank, N.A., 464 F. Supp. 2d 725 (N.D. Ohio 2006).published
- Waller v. Tripett, 179 F. Supp. 2d 724 (E.D. Mich. 2001).published
- Riester v. Riverside Cmty. Sch., 257 F. Supp. 2d 968 (S.D. Ohio 2002).published
- Fairman v. Konteh, 361 F. Supp. 2d 704 (N.D. Ohio 2005).published
- Moss v. Shelby Cnty., 401 F. Supp. 2d 850 (W.D. Tenn. 2005).published
- Palmer v. Health Care Manor Care, 85 F. Supp. 2d 757 (N.D. Ohio 2000).published
- Gen. Cable Corp. v. Highlander, 447 F. Supp. 2d 879 (S.D. Ohio 2006).published
- Flagg Ex Rel. of Bond v. City of Detroit, 447 F. Supp. 2d 824 (E.D. Mich. 2006).published
- Cont'l Cas. Co. v. Auto Plus Ins. Agency, LLC, 676 F. Supp. 2d 657 (N.D. Ohio 2009).published
- Barrett v. Wallace, 107 F. Supp. 2d 949 (S.D. Ohio 2000).published
- Havens-Tobias v. Eagle, 127 F. Supp. 2d 889 (S.D. Ohio 2001).published
- Glassman, Edwards, Wade & Wyatt, P.C. v. Wolf Haldenstein Adler Freeman & Herz, LLP, 601 F. Supp. 2d 991 (W.D. Tenn. 2009).published
- Bricks, Inc. v. BNY Trust Co. of Missouri, 165 F. Supp. 2d 723 (W.D. Tenn. 2001).published
- Brown v. Med. Coll. of Ohio, 79 F. Supp. 2d 840 (N.D. Ohio 1999).published
- Jacobs v. Memphis Convention & Visitors Bureau, 710 F. Supp. 2d 663 (W.D. Tenn. 2010).published
- Swanigan v. Nw. Airlines, Inc., 718 F. Supp. 2d 917 (W.D. Tenn. 2010).published
- Javitch v. Capwill, 284 F. Supp. 2d 848 (N.D. Ohio 2003).published
- Brown v. City of Memphis, 440 F. Supp. 2d 868 (W.D. Tenn. 2006).published
- Terry v. Cmty. Bank of N. Virginia, 255 F. Supp. 2d 817 (W.D. Tenn. 2003).published
- Terry v. Cmty. Bank of N. Virginia, 255 F. Supp. 2d 811 (W.D. Tenn. 2003).published
- Javitch v. Transamerica Occidental Life Ins., 408 F. Supp. 2d 531 (N.D. Ohio 2006).published
- Lott v. Swift Transp. Co., Inc., 694 F. Supp. 2d 923 (W.D. Tenn. 2010).published
- Ham v. Swift Transp. Co., Inc., 694 F. Supp. 2d 915 (W.D. Tenn. 2010).published
- Broadnax v. Swift Transp. Corp., 694 F. Supp. 2d 947 (W.D. Tenn. 2010).published
- Pascarella v. Swift Transp. Co., 694 F. Supp. 2d 933 (W.D. Tenn. 2010).published
- Signature Combs, Inc. v. United States, 253 F. Supp. 2d 1028 (W.D. Tenn. 2003).published
- Kircher v. City of Ypsilanti, 458 F. Supp. 2d 439 (E.D. Mich. 2006).published
- Bovee v. Coopers & Lybrand, 211 F. Supp. 2d 985 (S.D. Ohio 2002).published
- Alexander v. Newman, 345 F. Supp. 2d 876 (W.D. Tenn. 2004).published
- Cline v. Gen. Dynamics Land Sys., Inc., 98 F. Supp. 2d 846 (N.D. Ohio 2000).published
- Gen. Elec. Co. v. Advance Stores Co., Inc., 285 F. Supp. 2d 1046 (N.D. Ohio 2003).published
- Scarborough v. Brown Grp., Inc., 935 F. Supp. 954 (W.D. Tenn. 1996).published
- Carrasco v. NOAMTC Inc., 124 F. App'x 297 (6th Cir. 2004).unpublished
- Petty v. Franklin Cnty Oh, No. 06-3552 (6th Cir. Feb. 16, 2007).published
- John McGlone v. Robert Bell, 681 F.3d 718 (6th Cir. 2012).unpublished
- Todd Mattox v. Adam Edelman, 851 F.3d 583 (6th Cir. 2017).published
- Grindstaff v. Green, 133 F.3d 416 (6th Cir. 1998).published
- Robinson v. Twp. of Redford, 48 F. App'x 925 (6th Cir. 2002).unpublished
- Rushford v. Firstar Bank, N.A., 50 F. App'x 202 (6th Cir. 2002).unpublished
- Wells v. Xavier Univ., 7 F. Supp. 3d 746 (S.D. Ohio 2014).published
- Skipper v. Clark, 150 F. Supp. 3d 820 (W.D. Ky. 2015).published
- Dycus v. Libbey-Owens-Ford Co., 52 F. Supp. 2d 829 (N.D. Ohio 1999).published
- Shelter Mut. Ins. v. Gregory, 555 F. Supp. 2d 922 (M.D. Tenn. 2008).published
- Unencumbered Assets, Trust v. JP Morgan Chase Bank, 604 F. Supp. 2d 1128 (S.D. Ohio 2009).published
- Unencumbered Assets, Trust v. JP Morgan Chase Bank, 617 F. Supp. 2d 700 (S.D. Ohio 2009).published
- Hivner v. Active Elec., Inc., 878 F. Supp. 2d 897 (S.D. Ohio 2012).published
- Moore v. It's All Good Auto Sales, Inc., 907 F. Supp. 2d 915 (W.D. Tenn. 2012).published
- Arters v. Sandoz Inc., 921 F. Supp. 2d 813 (S.D. Ohio 2013).published
- Waldon v. Cincinnati Pub. Schs., 941 F. Supp. 2d 884 (S.D. Ohio 2013).published
- Orick v. Banziger, 945 F. Supp. 1084 (S.D. Ohio 1996).published
- Pritchard v. Dent Wizard Int'l Corp., 210 F.R.D. 591 (S.D. Ohio 2002).published
- Johnson v. Hanna, No. 3:19-cv-00431 (W.D. Ky. Oct. 30, 2020).
- Cornelius v. City of Mount Washington, Kentucky, No. 3:18-cv-00341 (W.D. Ky. Oct. 30, 2020).
- Lea v. Conrad, No. 3:19-cv-00419, 2020 WL 6386396 (W.D. Ky. Oct. 30, 2020).
- Lewis v. Louisville/Jefferson Cnty. Metro Gov't, No. 3:18-cv-00071 (W.D. Ky. Oct. 30, 2020).
At page 861 “between cases where the complaint alleges a complete denial of medical care and those cases where the claim is that a prisoner received inadequate medical treatment.”43 citing cases
- Sullivan, No. 2:25-cv-11912 (E.D. Mich. Aug. 11, 2026).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Haywood, No. 2:23-cv-12099 (E.D. Mich. July 21, 2026).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Manning, No. 3:25-cv-02515 (N.D. Ohio July 14, 2026).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Taylor, No. 4:23-cv-00085 (W.D. Ky. July 1, 2026).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Dowell, No. 1:22-cv-01009 (W.D. Tenn. Jan. 6, 2026).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Phippen, No. 3:24-cv-00781 (M.D. Tenn. Jan. 5, 2026).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Sampy v. Unknown, No. 6:23-cv-00686 (W.D. La. July 14, 2025).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Webster v. Core Civic, No. 1:22-cv-01160 (W.D. Tenn. May 9, 2025).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Cole v. Tennessee Dep't of Corr., No. 3:24-cv-00751 (M.D. Tenn. Mar. 14, 2025).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Wright v. Sprayberry, No. 4:22-cv-00097 (N.D. Ga. Mar. 14, 2025).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
Show 33 more citing cases
- Dowell v. Kent, No. 1:22-cv-01009 (W.D. Tenn. Feb. 26, 2025).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Jackson v. Corr. Ctr. of Nw. Ohio, No. 3:24-cv-02041 (N.D. Ohio Feb. 19, 2025).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Hill v. Aramark Corr. Servs., No. 1:23-cv-00406 (S.D. Ohio Jan. 14, 2025).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- King v. Aramark Corr. Servs., No. 2:23-cv-00156 (S.D. Ohio Jan. 13, 2025).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Burke v. Aramark Corr. Servs., No. 2:22-cv-04421 (S.D. Ohio Jan. 13, 2025).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Woods v. Aramark Corr. Servs., No. 2:22-cv-04420 (S.D. Ohio Jan. 13, 2025).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Taylor v. Wellpath Med., No. 3:22-cv-00705 (M.D. Tenn. Aug. 20, 2024).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Taylor v. Wardlow, No. 1:24-cv-01028 (W.D. Tenn. Aug. 9, 2024).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Collins v. Warren Cnty., Tennessee, No. 4:22-cv-00049 (E.D. Tenn. May 8, 2024).(federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which sound in state tort law)
- Hays v. Centurion Med. Servs., No. 3:23-cv-00863 (M.D. Tenn. Apr. 3, 2024).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Blaylock v. Cooper, No. 2:22-cv-10049 (E.D. Mich. Mar. 11, 2024).([w]e distinguish between cases where the complaint alleges a complete denial of medical care and those cases where the claim is that a prisoner received inadequate medical treatment.” In the latter, “courts are general…)
- Pitts v. LeBlanc, No. 2:22-cv-01983 (E.D. La. Oct. 31, 2023).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to secondC agsutreos sv m. Leoduiicsaial njuadgments and to constitutio…)
- Collins v. Warren Cnty., Tennessee, No. 4:22-cv-00049 (E.D. Tenn. June 26, 2023).(federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which sound in state tort law)
- Nichols, Jr. v. Kaure, 667 F. Supp. 3d 529 (E.D. Mich. 2023).published(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Keene v. Wellpath Corp., No. 3:20-cv-00676 (W.D. Ky. Mar. 2, 2023).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Holland v. Booth, No. 1:21-cv-00166 (E.D. Tenn. Feb. 21, 2023).(federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which sound in state tort law)
- Jessie v. Phanuf, No. 5:21-cv-11201 (E.D. Mich. Jan. 30, 2023).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Wlodarz v. Centurion of Tennessee, LLC (PSLC2), No. 3:20-cv-00199 (E.D. Tenn. Nov. 8, 2022).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Fisher v. Fed. Bureau of Prisons, No. 4:19-cv-01169 (N.D. Ohio July 8, 2022).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Robinson v. Well Path, No. 3:22-cv-00102 (M.D. Tenn. June 8, 2022).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Mallory v. Bolton, No. 3:19-cv-00120 (W.D. Ky. Aug. 20, 2021).(where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Cummings v. Ohio Dep't of Rehab. & Corr., No. 4:20-cv-00909 (N.D. Ohio July 31, 2020).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- Lewis v. Phillips, No. 1:19-cv-01117 (W.D. Tenn. Mar. 31, 2020).(Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…)
- The Est. of Claude Stevens v. Stewart, No. 4:17-cv-12507 (E.D. Mich. Mar. 31, 2020).(Of course, in some cases the medical attention rendered may be so woefully inadequate as to amount to no treatment at all.)
- Barcelona v. Sec'y of D.O.C., No. 9:15-cv-80102 (S.D. Fla. Sept. 10, 2019).“Where a prisoner has received ... medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims that s…”
- Anderson v. Dist. of Columbia, 317 F. Supp. 3d 444 (D.C. Cir. 2018).published“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…”
- Toomer v. Harold Coulter, No. 1:18-cv-00312, 2020 WL 1286215 (S.D. Miss. Mar. 18, 2020).“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…”
- Anderson v. Dist. of Columbia, No. 2017-2131 (D.D.C. July 24, 2018).published“Where a prisoner has received some medical ' attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims whi…”
- Dotson v. Corr. Med. Servs., 584 F. Supp. 2d 1063 (W.D. Tenn. 2008).published“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitu-tionalize claims whic…”
- Bass v. Taylor, No. 1:18-cv-01237 (W.D. Tenn. July 9, 2019).“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…”
- Gates v. Core Civic (C.C.A.), No. 2:18-cv-02388 (W.D. Tenn. June 21, 2019).“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…”
- Smith v. Hurdle, No. 2:17-cv-02025 (W.D. Tenn. Aug. 1, 2019).“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…”
- Turner v. Franks, No. 1:18-cv-01163 (W.D. Tenn. June 5, 2019).“Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which…”
At page 859 Alleging deprivation of needed medical treatment9 citing casesholding that a complaint adequately stated a claim under Fed. R. Civ. P. 12(b)(6) when jail officials were aware of a prisoner’s 42 ulcer, but did not allow a medical examination even after he had begun vomiting blood
- Muhammad Abdur Rahman v. George Graham, John Pieron, Daniel Fox, Officer Frederick, Jerry Kunzelman, 840 F.2d 17 (6th Cir. 1988).unpublished
- Thaddeus-X v. Blatter, 67 F.3d 300 (6th Cir. 1995).unpublished
- James Ralston v. Sergeant McGovern, 167 F.3d 1160 (7th Cir. 1999).published
- Rust v. State, 582 P.2d 134 (Alaska 1978).published
- Campbell v. Buckles, 448 F. Supp. 288 (E.D. Tenn. 1977).published
- Sturts v. City of Philadelphia, 529 F. Supp. 434 (E.D. Pa. 1982).published
- Jennings v. Al-Dabagh, 275 F. Supp. 2d 863 (E.D. Mich. 2003).published
- Rouster Ex Rel. Est. of Rouster v. Cnty. of Saginaw, 749 F.3d 437 (6th Cir. 2014).published
- Quintana v. Santa Fe Cnty. Bd. of Comm., 973 F.3d 1022 (10th Cir. 2020).published
v.
William LUCAS, Sheriff of Wayne County, Et Al., Respondents-Appellees
This is an appeal from the dismissal of an action brought under 42 U.S.C. section 1983 (1970), by a former inmate at the Wayne County Jail who claims that his constitutional rights were violated when prison authorities denied him medical treatment for a bleeding ulcer. The original complaint was filed pro se on November 27, 1973. After counsel was appointed the complaint was amended three times. Each amendment was occasioned by the granting of defense motions for a more definite statement. Fed.R.Civ.P. 12(e). On April 14, 1975, the District Court dismissed the third amended complaint without leave to amend for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6).
In reviewing a dismissal on the pleadings all allegations in the complaint are taken as true and the complaint is construed liberally in favor of the party opposing the motion to dismiss. Davis H. Elliot Co. v. Caribbean Utilities Co., Ltd., 513 F.2d 1176, 1182 (6th Cir. 1975). See generally 2 A J. Moore, Federal Practice ¶ 12.08 at 2265-67 (2d ed. 1975) (hereinafter Moore). Dismissals of' complaints under the civil rights statutes are scrutinized with special care. See Azar v. Conley, 456 F.2d 1382, 1384 n. 1 (6th Cir. 1972); Lucarell v. McNair, 453 F.2d 836, 838 (6th Cir. 1972). A complaint need not set down in detail all the particularities of a plaintiffs claim against a defendant. Rule 8(a)(2) simply requires “a short and plain statement of the claim showing that the pleader is entitled to relief. . . . ” Fed.R.Civ.P. 8(a)(2). All a complaint need do is afford the defendant “fair notice of what the plaintiff’s claim is and the grounds upon which it rests.” Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 103, 2 L.Ed.2d 80 (1957). See generally 2 A Moore H 8.02 at 1611. A motion to dismiss under Rule 12(b)(6) should not be granted “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, supra at 45-46,[*859] 78 S.Ct. at 102. See also Elliot v. Caribbean Utilities Co., Ltd., supra at 1182. See generally 2A Moore ¶ 12.08 at 2273-74.
Throughout the extended amendment process the essence of Appellant’s claim has been that he was deprived of needed medical treatment for a bleeding ulcer. Appellant alleges in his complaint that on November 17, 1973 he was incarcerated in the Wayne County Jail while awaiting trial. He informed the jail’s admitting personnel that he suffered from an ulcer and requested a special diet and medication. His requests were denied. Although jail officials were aware of his condition and knew that he had received a special diet and medication at another institution, they refused to grant Appellant’s requests until ordered to do so by a doctor. Despite his requests for treatment, Appellant was not taken to see a doctor. During the ensuing days Appellant began to suffer stomach pains and abdominal distress. His complaints and requests to see a doctor went unheeded. On November 23,1973, six days after the initial denial of the special diet and medication, Appellant’s condition worsened and he began to vomit blood. When this was brought to the attention of his jailers, the only relief provided was a mild antacid. In response to his requests to see a doctor, he was informed that no doctor was on call during the weekend and that he would have to wait at least two days before he could receive any medical attention. During that period Appellant continued to suffer and his repeated requests for medical assistance went unanswered.
The District Court in ruling on the motions to dismiss accepted the factual allegations in the complaint as true, but held that the complaint was insufficient as a matter of law because Appellant had failed to allege any “tangible residual injury.” This phrase was gleaned from discussion in a footnote of Stiltner v. Rhay, 371 F.2d 420, 421 n. 3 (9th Cir. 1967), where the Ninth Circuit rejected an inmate’s claim that his constitutional rights had been violated by inadequate medical treatment of a chronic back ailment. In distinguishing their case from other cases where a prisoner’s constitutional right to medical treatment had been recognized, the Stiltner Court observed that the allegations in the other cases shared four common elements: 1.) an acute physical condition, 2.) the urgent need for medical care, 3.) the failure or refusal to provide it, and 4.) tangible residual injury. 371 F.2d at 421 n. 3. The Court noted that Stiltner had failed to allege any of these factors in his complaint, either directly or by implication. Id. In this case, the District Court found that Appellant had arguably satisfied the first three criteria [1] but had failed to allege “tangible residual injury.” This omission was deemed fatal to his cause of action.
This Court has recognized that under some circumstances the denial of medical care to a prisoner may give rise to a violation of Fourteenth Amendment due process. Fitzke v. Shappell, 468 F.2d 1072, 1076 (6th Cir. 1972). [2] In Fitzke v. Shappell, supra, at 1076, Judge Miller writing for the Court explained the rationale for this position:
[*860] The logic of these pronouncements is not difficult to perceive. An individual incarcerated, whether for a term of life for the commission of some heinous crime, or merely for the night to “dry out” in the local drunk tank, becomes both vulnerable and dependent upon the state to provide certain simple and basic human needs. Examples are food, shelter, and sanitation. Facilities may be primitive but they must be adequate. Medical care is another such need. Denial of necessary medical attention may well result in disabilities beyond that contemplated by the incarceration itself. The result may be crippling injury, as alleged here, or . the very deprivation of life itself, since, restrained by the authority of the state, the individual cannot himself seek medical aid or provide the other necessities for sustaining life and health. [Emphasis in the original.]
That does not mean that every malpractice claim involving a prisoner may be automatically transformed into a cause of action under the civil rights statutes, but it does mean that prison authorities may not be deliberately indifferent to the suffering of prisoners under their care. [3] See Jones v. Lockhart, 484 F.2d 1192, 1194 (8th Cir. 1973); Corby v. Conboy, 457 F.2d 251, 254 (2d Cir. 1972). As this Court stated in Fitzke v. Shappell, supra at 1076:
Thus it is that fundamental fairness and our most basic conception of due process mandate that medical care be provided to one who is incarcerated and may be suffering from serious illness or injury. This is not to say that every request for medical attention must be heeded nor that courts are to engage in the process of second-guessing in every case the adequacy of medical care that the state provides. But where the circumstances are clearly sufficient to indicate the need of medical attention for injury or illness, the denial of such aid constitutes the deprivation of constitutional due process. [Citations omitted.]
We believe that a prisoner states a proper cause of action when he alleges that prison authorities have denied reasonable requests for medical treatment in the face of an obvious need for such attention where the inmate is thereby exposed to undue suffering or the threat of tangible residual injury. [4] See Ingram v. Montgomery County Prison Board, 369 F.Supp. 873, 874 (W.D.Pa.1974). The Ninth Circuit did not choose to follow a literal reading of the Stiltner language in Runnels v. Rosendale, 499 F.2d 733, 735-36 (9th Cir. 1974), where the Court held that an inmate’s allegation that he was left in severe pain over an extended period of time without the administration of necessary and available analgesic relief was sufficient to withstand a motion to dismiss under Rule 12(b)(6). We agree with the Ninth Circuit that a prisoner who is needlessly allowed to suffer pain when relief is readily available does have a cause of action against those whose deliberate indifference is the cause of his suffering. [5]
[*861] In our view, Appellant has adequately stated a cause of action for deprivation of needed medical care and the District Court was in error in dismissing the case at the pleading stage. Appellant has alleged that he was forced to endure a period of intense discomfort because his pleas for medical assistance went unheeded by his jailers. He should have the opportunity to prove the truth of his allegations at an evidentiary hearing. Appellees should be directed to respond to Appellant’s complaint and, should the trier of fact conclude that Appellant’s accusations are true, the District Court is empowered to grant complete relief.
Reversed and remanded.
. The District Judge expressed some reservations on the urgency of Appellant’s need for medical care, but he appeared willing to concede this point and base the dismissal on the absence of “tangible residual injury.”
. See also Shannon v. Lester, 519 F.2d 76, 79 (6th Cir. 1975). Accord, Runnels v. Rosendale, 499 F.2d 733 (9th Cir. 1974); Dillard v. Pitchess, 399 F.Supp. 1225 (C.D.Cal.1975); Inmates of Suffolk County Jail v. Eisenstadt, 360 F.Supp. 676 (D.Mass.1973), aff'd 494 F.2d 1196 (1st Cir. 1974). Other courts have based a prisoner’s right to medical treatment on the Eighth Amendment’s prohibition against cruel and unusual punishment. See e. g., Newman v. Alabama, 503 F.2d 1320, 1330 & n. 14 (5th Cir. 1974); Nelson v. Heyne, 491 F.2d 352, 354-56 (7th Cir. 1973); Martinez v. Mancusi, 443 F.2d 921, 924 (2nd Cir. 1970); Holt v. Sarver, 442 F.2d 304, 308 (8th Cir. 1971); Coppinger v. Townsend, 398 F.2d 392, 393 (10th Cir. 1968). The Supreme Court may soon address the issue in Gamble v. Estelle, 516 F.2d 937 (5th Cir. 1975) , cert. granted, 424 U.S. 907, 96 S.Ct. 1101, 47 L.Ed.2d 311, 44 U.S.L.W. 3471 (February 24, 1976).
. A complaint need not allege that prison officials consciously sought to inflict pain on a prisoner by withholding treatment. See e. g., Runnels v. Rosendale, 499 F.2d 733, 736 (9th Cir. 1974).
. Whether a prisoner has suffered unduly by the failure to provide medical treatment is to be determined in view of the totality of the circumstances. In making this determination the trier of fact should consider the practicalities of the situation including the extent of the injury, the realistic possibilities of treatment, and the possible consequences to the prisoner of failing to provide immediate medical attention. Cf. Schmidt v. Wingo, 499 F.2d 70, 75 (6th Cir. 1974) (Phillips, J., concurring).
. We distinguish between cases where the complaint alleges a complete denial of medical care and those cases where the claim is that a prisoner received inadequate medical treatment. See Fitzke v. Shappell, supra at 1076 n. 4. See also Jones v. Lockhart, supra at 1194; Corby v. Conboy, supra at 254. Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which sound in state tort law. See e. g., Pinon v. Wisconsin, 368 F.Supp. 608 (E.D.Wis.1973). But cf. Fitzke v. Shappell, supra at 1076-77 n. 7. Of course, in some[*861] cases the medical attention rendered may be so woefully inadequate as to amount to no treatment at all. See Tolbert v. Eyman, 434 F.2d 625, 626 (9th Cir. 1970).