Charles J. Davis v. Bay County Jail, Sheriff, Frank McKeithen
District Court of Appeal of Florida
1Opinion of the CourtWolf, J.
In this prisoner civil litigation case, with one exception, we find no error in the dismissal with prejudice' of appellant’s four-time amended complaint. Upon close consideration of the amended complaint, we find that appellant has sufficiently alleged facts in support of a 42 U.S.C. § 1983 claim of inadequate medical care to avoid a motion to dismiss. We, therefore, reverse the order of dismissal in part and remand for further proceedings consistent with this opinion.
In his complaint (which this court concedes is not the model of clarity), appellant alleged that Rick Anglin, warden of the…
2Cases cited9 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Farmer v. BrennanSupreme Court of the United States · 1994
- James Williams v. Harold J. Smith, Superintendent, and W. Morgan, C.O., Attica Correctional FacilityCourt of Appeals for the Second Circuit · 1986
- Vincent A. Brock v. Lester Wright, T.G. Eagan and James G. BerbaryCourt of Appeals for the Second Circuit · 2003
- Ralphfield Hudson v. Irwin M. McHugh Director, Michael Lew Center, Mary Lafever, Michael Lew Center, and Howard Erickson, Rock County SheriffCourt of Appeals for the Seventh Circuit · 1998
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3Cited by5 opinions
- Toney v. CourtneyDistrict Court of Appeal of Florida · 2016
- Begley v. Dept. of CorrectionsDistrict Court of Appeal of Florida · 2016
- Begley v. Florida Department of CorrectionsDistrict Court of Appeal of Florida · 2016
- Nelson v. GualtieriDistrict Court, M.D. Florida · 2020
- Steverson v. DixonDistrict Court, M.D. Florida · 2024