Legal Opinion

Ewing v. Others

Massachusetts Appeals Court

Decided February 20, 2018No. 17–P–429Published

1Opinion of the Court

The plaintiff, who at all relevant times was an inmate in the custody of the Massachusetts Department of Correction, filed this action under 42 U.S.C. §§ 1983, 1985, and 1988 alleging that the defendants violated, and conspired to violate, his civil rights by acting with deliberate indifference to his medical needs. A Superior Court judge dismissed the complaint under Mass.R.Civ.P. 12(b)(6), 365 Mass. 754 (1974), for failure to state a claim upon which relief can be granted. The plaintiff appeals.

The complaint alleges the following facts, which we accept as true. See Goodwin v. Lee Pub.…

2Cases cited12 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  3. Estelle v. GambleSupreme Court of the United States · 1976
  4. Bray v. Alexandria Women's Health ClinicSupreme Court of the United States · 1993
  5. Iannacchino v. Ford Motor Co.Massachusetts Supreme Judicial Court · 2008

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