KIKUMURA v. OSAGIE

No. 04-1249.

461 F.3d 1269 (2006)

Yu KIKUMURA, Plaintiff-Appellant, v. A. OSAGIE; Vail; K. Sanders; R. Bauer; B. Greenwood; Michael V. Pugh, G.L. Hershberger; Kathleen M. Hawk, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 8, 2006.


Attorney(s) appearing for the Case

Yu Kikumura filed a brief, pro se.

Richard L. Gabriel (Brittany J. Nelson with him on the briefs) of Holme Roberts & Owen LLP, Denver, CO, for Plaintiff-Appellant in Supplemental Briefing.

Kathleen L. Torres, Assistant United States Attorney, (John W. Suthers, United States Attorney, with her on the Answer Brief, William R. Leone, United States Attorney, with her on the Supplemental Answer Brief) Denver, CO, for Defendants-Appellees.

Before KELLY, HENRY, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

Yu Kikumura, a federal prisoner, became severely ill one afternoon in his cell. Almost eight hours passed between the time when he first reported feeling sick and when he was finally taken to a doctor; a delay that Mr. Kikumura believes caused him severe injury and almost cost him his life. He filed suit in federal court alleging various Eighth Amendment and state tort claims against a number of different prison officials and the United States...

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