Michael J. Riley v. B. J. Rhay

Appellant, an inmate of Washington State Penitentiary, brought this action under the Civil Rights Act (42 U.S.C. §§ 1981, 1983, 1985), alleging that he suffered from histoplasmosis (a form of tuberculosis) and that the refusal of appellees, who are prison officials, to treat his condition violated his constitutional rights. The district court dismissed the complaint without ordering service of process or holding a hearing. It rested its action upon the ground that the prison physician has “complete professional autonomy” in treating his patients.

While it is true that prison medical officials…