Joseph M. Startz v. Dr. James Cullen

Joseph M. Startz, a prisoner at the Correctional Institution at Somers, Connecticut, appeals from an order of the District Court for Connecticut which dismissed his complaint under 42 U.S.C. § 1983 for injunctive relief and damages on the basis of affidavits and without a hearing.

In March 1970, prior to his present imprisonment, Startz suffered a heart attack which was diagnosed as a coronary occlusion with myocardial infarction. In the fall of 1971, the prison’s consulting internist ordered extensive examinations and studies at St. Francis Hospital in Hartford, which lasted from September 29…