Percy Seward v. Terrell Don Hutto, Commissioner, Arkansas Department of Correction

This appeal by Percy Seward, a prisoner at the Cummins unit of the Arkansas prison system, is from an order of dismissal of his civil rights complaint entered by Judge Eisele on July 2, 1975. The petitioner’s complaint raised essentially two issues: First, that he was being improperly treated for tuberculosis, and secondly, that he had been placed in confinement with tubercular inmates thus exposing him to the disease.

Judge Eisele found that the petition was frivolous since Seward admitted therein that he had been examined by the prison physician who stated there was nothing wrong with him.…