# Estate of Young v. Martin

> Court of Appeals for the Sixth Circuit · June 26, 2003 · 70 F. App'x 256

URL: https://www.frixlaw.com/law-library/cases/8417123

## Case

- **Full name:** ESTATE OF Roscoe YOUNG, Reverend Willie B. Young as personal representative v. Bill MARTIN, David Jamrog, John Doe 1, John Doe 2
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** June 26, 2003
- **Citations:** 70 F. App'x 256
- **Precedential status:** Published
- **Opinion:** Dissent by Moore
- **Judges:** Hood, Moore, Rogers
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8417123

## How later opinions describe it (automated extraction)

- stating “[t]he MDOC Policy Directive places responsibility in the Bureau of Health Care Service (BHCS) ‘for the Department’s health services program’ and directs BHCS to ‘coordinate and monitor all services’”

## Opinion text

MOORE, Circuit Judge,
dissenting.
I respectfully dissent from the majority opinion. The district judge properly denied qualified immunity to Warden Frank Elo. There is a genuine issue of material fact whether Elo was involved in implementing the prison policy that delivered substandard medical care to prisoners, thereby posing substantial risk of serious medical harm, such as Roscoe Young’s death. Most importantly, in light of Young’s sister’s telephone conversation with Elo informing Elo of inadequate prison medical care for this diabetic prisoner, there is a genuine issue of material fact whether Elo was personally involved in the delivery of inadequate care to Roscoe Young that violated Young’s Eighth Amendment rights. There are material fact questions regarding Elo’s personal knowledge of Young’s grave condition after Elo’s telephone conversation with Young’s sister and regarding Elo’s subsequent actions or inactions. I would affirm the district court’s denial of qualified immunity for Elo.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8417123. Public record. Not legal advice.