Opinion

Charles Thomas v. Warden Frank J. Pate, Luther W. Miller v. Illinois Dept. Of Correction, Illinois State Penitentiary, Warden Frank j.pate

  • 493 F.2d 151
Court
Court of Appeals for the Seventh Circuit
Filed
Apr 4, 1974
Status
Published
Author
Kilkenny
On the bench
Fairchild, Kilkenny, Stevens
Cited by
172 cases

Vacated on other grounds by Cannon v. Thomas, 419 U.S. 813 (1974)

recognizing that racial discrimination in prison work assignments presents a claim cognizable under Sec. 1983

How later courts described this case

  • recognizing that racial discrimination in prison work assignments presents a claim cognizable under Sec. 1983
  • injecting penicillin with knowledge that the prisoner was allergic and then refusing to treat the allergic reaction could be deliberate indifference
  • where a prisoner advised medical personnel that he was allergic to penicillin but the drug was nevertheless administered and an allergic reaction followed, the prisoner stated a claim of deliberate indifference to known medical needs
  • refusal of paramedic to provide treatment

Written by the judges who cited it.

The opinion

KILKENNY, Senior Circuit Judge

(concurring and dissenting):

The record, in my opinion, supports the district court’s finding that appellants failed to prove an existing pattern of racial segregation or discrimination in connection with prisoner cell assignments. Consequently, I would not disturb that finding. Moreover, I do not believe the Thomas charge relative to appellee’s alleged failure to provide adequate medical treatment is sustained by the evidence. In my view, appellee’s conduct in this area did not amount to a *163 refusal to provide essential medical care, nor was it so blatantly inappropriate as to evidence intentional mistreatment likely to seriously aggravate appellant’s condition.

Otherwise, I fully concur in the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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