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Michael J. Riley v. B. J. Rhay

Michael J. RILEY, Appellant, v. B. J. RHAY Et Al., Appellees

Riley v. B. J. Rhay, 407 F.2d 496 (9th Cir. 1969)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
February 13, 1969
Docket
No. 22595
Judges
Madden, Claims, Browning, Duniway
Citations
407 F.2d 4961969 U.S. App. LEXIS 8939

Opinion — Per Curiam

PER CURIAM:

Appellant, an inmate of Washington State Penitentiary, brought this action under the Civil Rights Act ( 42 U.S.C. §§ 1981 , 1983, 1985), alleging that he suffered from histoplasmosis (a form of tuberculosis) and that the refusal of appellees, who are prison officials, to treat his condition violated his constitutional rights. The district court dismissed the *497 complaint without ordering service of process or holding a hearing. It rested its action upon the ground that the prison physician has “complete professional autonomy” in treating his patients.

While it is true that prison medical officials have wide discretion in treating prisoners (Snow v. Gladden, 338 F.2d 999, 1001 (9th Cir. 1964), it is also well recognized that the failure or refusal to provide medical care may violate the Fourteenth Amendment. Stiltner v. Rhay, 371 F.2d 420 , 421 n. 3 (9th Cir. 1967), and authorities cited. Under this rule, the complaint was not insufficient on its face and should not have been dismissed without issuing process and hearing the parties. Harmon v. Superior Court, 307 F.2d 796 , 798 (9th Cir. 1962). The procedural rights of a prisoner in a case such as this are detailed in Armstrong v. Rushing, 352 F.2d 836, 837 (9th Cir. 1965).

Reversed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 19 cases

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1969: 31970: 31971: 21973: 11975: 11976: 21977: 21982: 21985: 11986: 12025: 119692026peak 1969 · 3

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Stiltner v. B. J. Rhay, 371 F.2d 420 (9th Cir. 1967) 57
Armstrong v. Dewie Rushing, 352 F.2d 836 (9th Cir. 1965) 37
Snow v. Clarence T. Gladden,, Or. State Penitentiary, 338 F.2d 999 (9th Cir. 1964) 28

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