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Smith v. Smith, No. 08-7139

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By FindLaw Staff on December 28, 2009 3:08 PM

In an inmate's 42 U.S.C. section 1983 suit against a prison nurse claiming deliberate indifference to his serious medical needs, district court's judgment in favor of the defendant is reversed and remanded where: 1) the inmate made out a claim for a deliberate indifference and the district court erred in finding that he failed to state a claim under the Eighth Amendment; and 2) because the district court premised both the grant of the motion to dismiss and qualified immunity on its finding that plaintiff failed to allege deliberate indifference in his complaint, the immunity analysis was prematurely concluded on the erroneous basis that plaintiff did not plead facts sufficient to indicate defendant had deliberate indifference to his medical need.     

Read Smith v. Smith, No. 08-7139

Appellate Information

Argued: October 27, 2009

Decided: December 28, 2009


Opinion by Circuit Judge  Gregory


For Appellant:  Jamal Malik Edwards, Kirkland & Ellis, LLP

For Appellee:   Samuel F. Arthur, III, Aiken Bridges Nunn Elliott & Tyler, PA

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