Lynn Maltempo, Etc. v. Richard B. Cuthbert, Jr.

DYER, Circuit Judge:

Early on the morning of February 5, 1970, a young man was transported from county jail to state prison where he was to serve a sentence for drug violation. En route, he died, strangling on the aspiration of his own vomit.

Michael Maltempo, age 21, had been a diabetic since age 9. His condition required regular insulin injections and special diet, but he had the somewhat erratic history typical of “juvenile” diabetics. Over a period of days while Maltempo was in jail, his diabetic condition was deteriorating so that by February 4 he was sluggish, vomiting, unresponsive,…