(Download) "Mckaye v. Toombs" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Mckaye v. Toombs
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 12, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Order This case has been referred to a penal of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs of the parties, motion for appointment of counsel and the record, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a). Plaintiff filed a 42 U.S.C. § 1983 complaint which named as defendants Raymond Toombs, Caroll Pennington, R.N., and Ellen Case, R.N.. He alleged that he received inadequate medical care because there was a delay in him being provided with reading glasses and that lack of proper treatment for an ingrown toenail resulted in his loss of the toenail. The defendants filed a motion for summary judgment to which plaintiff objected. The magistrate prepared a report recommending that summary judgment be granted on the basis that the action against Toombs and Case on the theory of respondeat superior did not establish liability, that the failure to provide plaintiff with glasses did not demonstrate that he was deprived medical care and that refusal of Nurse Pennington to provide immediate medical attention to his infected toe did not support a claim of deliberate indifference to his serious medical needs. Plaintiff responded stating that Case has responsibility to assure that the prisoners' medical needs are met, that Toombs had knowledge of the situation, that the delay in receiving treatment resulted in unnecessary suffering and that Nurse Pennington intentionally refused treatment.