Marvin D. Gleash, Sr. v. Michael Yuswak
Court of Appeals for the Seventh Circuit
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Marvin Gleash has filed two essentially identical suits complaining that prison guards violated the eighth amendment by confiscating a back brace that the prison’s medical staff had provided. The district court dismissed the first suit with prejudice under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(l) for failure to state a claim on which relief may be granted. The judge viewed the complaint as challenging the medical staffs delay in furnishing a replacement; that grievance, the judge stated, alleges only negligence and thus does not state a constitutional claim.…
2Cases cited23 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Farmer v. BrennanSupreme Court of the United States · 1994
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Denton v. HernandezSupreme Court of the United States · 1992
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
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3Cited by173 opinions
- George McReynolds v. Merrill LynchCourt of Appeals for the Seventh Circuit · 2012
- Obriecht v. RaemischCourt of Appeals for the Seventh Circuit · 2008
- Tobias Chavez v. Dole Food Company IncCourt of Appeals for the Third Circuit · 2016
- Nereida Mendez v. Republic BankCourt of Appeals for the Seventh Circuit · 2013
- Banks v. Chicago Board of EducationCourt of Appeals for the Seventh Circuit · 2014
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