Wilkie v. State

OPINION

JACOBSON, Presiding Judge.

Plaintiff/Appellant Larry W. Wilkie, a former prisoner at the Arizona State Prison, brought suit based upon various causes of action against the state arising out of his treatment or lack of treatment of a medical condition while in prison. The basic issues on appeal are whether the trial court properly dismissed his § 1983 action (based upon 42 U.S.C. § 1983) and his claims of negligence and breach of statutory duty, and if so, whether his remaining count for infliction of cruel and unusual punishment under the eighth amendment of the United States…