Opinion · Court of Appeals for the Fourth Circuit
Albert Russell v. C.C. Sheffer, Superintendent Botetourt Correctional Unit, and Carolyn Maupia, L.P.N., Botetourt Correctional Unit
528 F.2d 318
- Type
- Opinion
- Court
- Court of Appeals for the Fourth Circuit
- Jurisdiction
- Federal
- Date
- 1975-12-19
- Topic
- general
holding that “questions of medical judgment are not subject to judicial review” under § 1983 | holding that “[q]uestions of medical judgment are not subject to judicial review” | holding that “mistreatment or non-treatment must be capable of characterization as “cruel and unusual punishment’ in order to present a colorable claim under § 1983” and that “[q]uestions of medical judgment are not subject to judicial review’ | noting an inmate’s allegations of unreasonable medical care “must reach constitutional dimension before a federal court will interfere with the internal operations” of a penal facility and that “[q]uestions of medical judgment are not subject to judicial review” | “[M]istreatment or non-treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim” | “[M]istreatment or non-treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim[.]” | “[M]istreatment or non-treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim[.]” | “[M]istreatment or non- treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim . . . .” | “[M]istreatment or non-treatment must be capable of characterization as cruel and unusual punishment in order to present a colorable claim….” | “[M]istreatment or non-treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim . . . . ” | “[M]istreatment or non-treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim . . . . ” | “[M]istreatment or non-treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim . . . . ” | “[M]istreatment or non-treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim” | “[M]istreatment or non- treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim” | “[Ml]istreatment or non-treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim... .”’ | “[M]istreatment or non-treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim” | “[M]istreatment or non-treatment must be capable of characterization as cruel and unusual punishment in order to present a colorable claim” | “[M]istreatment or non-treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim” | plaintiff was under “constant medical supervision from the time of his arrival” in state prison and “[q]uestions of medical judgment are not subject to judicial review” | plaintiff was under “constant medical supervision from the time of his arrival” in state prison and “[q]uestions of medical judgment are not subject to judicial review” | mere disagreements between an inmate and medical staff regarding medical treatment do not state a claim, as questions of medial judgment are not subject to judicial review | plaintiff was under constant medical supervision from the time of his arrival” in state prison and that “[q]uestions of medical judgment are not subject to judicial review” | “[M]istreatment or non-treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim[.]” (citing Gittlemacker v. Prasse, 428 F.2d 1, 6 (3rd Cir. 1970)) | “[M]istreatment or non-treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a colorable claim under §1983.” (citing Gittlemacker v. Prasse, 428 F.2d 1, 6 (3d Cir. 1970)) | “[M]istreatment or non- treatment must be capable of characterization as ‘cruel and unusual punishment’ in order to present a
Citator
- Cited by
- 139 opinions
Stuart Bateman, Asst. Atty. Gen., for appellee.
[2] Prisoners are entitled to reasonable medical care.Blanks v.Cunningham,409 F.2d 220(4th Cir. 1969);Hirons v. Director,351 F.2d 613(4th Cir. 1965). However, mistreatment or nontreatment must be capable of characterization as "cruel and unusual punishment" in order to present a colorable claim under § 1983.Gittlemacker v.Page 319Prasse,428 F.2d 1,6(3rd Cir. 1970). The prisoner's allegations must reach constitutional dimension before a federal court will interfere with the internal operations of a state penal facility.Hirons v. Director,351 F.2d 613(4th Cir. 1965).
[3] Russell's claims do not rise to this level. The affidavits submitted to the District Court reflect that Russell was under constant medical supervision from the time of his arrival at Botetourt. Questions of medical judgment are not subject to judicial review.Shields v. Kunkel,442 F.2d 409(9th Cir. 1971).
[4] Accordingly, the judgment of the District Court is affirmed.Page 321