Legal Opinion

Louis Martinez v. Vincent R. Mancusi, Warden, Attica Prison, Dr. Williams, Dr. Stamburg, and Nurse Hoffman, Attica Prison

Court of Appeals for the Second Circuit

Decided October 8, 1970No. 35017_1PublishedCited by 114 opinions

1Opinion of the Court

LUMBARD, Chief Judge:

This is an action under the Federal Civil Rights Act, 42 U.S.C. § 1983, for willful violation by prison officials of appellant’s right to adequate medical care. The District Court for the Western District of New York dismissed appellant’s complaint on the ground that the facts alleged were insufficient under the Civil Rights Act to state a cause of action. We reverse the district court’s dismissal of the complaint and, without deciding the merits of appellant’s complaint, remand for a hearing, at which appellant should be given the opportunity to show the responsibility…

2Cases cited2 opinions

  1. Lawrence William Wright v. Daniel McMann as Warden of Clinton State PrisonCourt of Appeals for the Second Circuit · 1967
  2. United States ex rel. Hyde v. McGinnisCourt of Appeals for the Second Circuit · 1970

3Cited by114 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Johnson v. GlickCourt of Appeals for the Second Circuit · 1973
  3. White v. NapoleonCourt of Appeals for the Third Circuit · 1990
  4. Mata v. SaizCourt of Appeals for the Tenth Circuit · 2005
  5. Wakefield v. ThompsonCourt of Appeals for the Ninth Circuit · 1999

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