Legal Opinion
Scott v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 2013PublishedCited by 2 opinions
1Opinion of the Court
Mercure, J.P.
Appeal from a judgment of the Supreme Court (Cahill, J.), entered August 18, 2010 in Ulster County, which granted defendants’ motion to dismiss the complaint.
Plaintiff, a prison inmate, commenced this action pursuant to 42 USC § 1983, asserting that defendants were deliberately indifferent to his serious medical needs when they allegedly failed to provide him with a CPAP machine to treat his sleep apnea, in violation of his rights under the Eighth Amendment of the US Constitution. Defendants moved to dismiss the complaint for failure to state a cause of action. Supreme Court…
2Cases cited4 opinions
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Chance v. ArmstrongCourt of Appeals for the Second Circuit · 1998
- Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Elie v. St. Barnabas HospitalAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by2 opinions
- Johnson v. WoodruffAppellate Division of the Supreme Court of the State of New York · 2020
- Boggs v. StateNew York Court of Claims · 2015