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

> Court of Appeals for the Seventh Circuit · April 4, 1974 · 493 F.2d 151

URL: https://www.frixlaw.com/law-library/cases/9460390

## Case

- **Full name:** Charles THOMAS ,Plaintiff-Appellant, v. Warden Frank J. PATE Et Al., Defendants-Appellees; Luther W. MILLER, Plaintiff-Appellant, v. ILLINOIS DEPT. OF CORRECTION, ILLINOIS STATE PENITENTIARY, Warden Frank J. Pate, Defendants-Appellees
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** April 4, 1974
- **Citations:** 493 F.2d 151
- **Precedential status:** Published
- **Opinion:** Concurring in part by Kilkenny
- **Judges:** Fairchild, Kilkenny, Stevens
- **Cited by:** 172 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by Cannon v. Thomas, 419 U.S. 813 (1974).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9460390

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9460390. Public record. Not legal advice.