MARTINEZ v. MANCUSI

No. 242, Docket 35017.

443 F.2d 921 (1970)

Louis MARTINEZ, Appellant, v. Vincent R. MANCUSI, Warden, Attica Prison, Dr. Williams, Dr. Stamburg, and Nurse Hoffman, Attica Prison, Appellees.

United States Court of Appeals, Second Circuit.

Decided October 8, 1970.


Attorney(s) appearing for the Case

Herman Schwartz, Buffalo, N. Y., for appellant.

Frank I. Strom, II, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., State of N. Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for appellee.

Before LUMBARD, Chief Judge, and ANDERSON and FEINBERG, Circuit Judges.


LUMBARD, Chief Judge:

This is an action under the Federal Civil Rights Act, 42 U.S.C. § 1983, for willful violation by prison officials of appellant's right to adequate medical care. The District Court for the Western District of New York dismissed appellant's complaint on the ground that the facts alleged were insufficient under the Civil Rights Act to state a cause of action. We reverse the district court's dismissal of the complaint and, without deciding the...

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