MALTEMPO v. CUTHBERT

No. 73-3750.

504 F.2d 325 (1974)

Lynn MALTEMPO et al., etc., Plaintiffs-Appellees. v. Richard B. CUTHBERT, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 27, 1974.


Attorney(s) appearing for the Case

Stephen H. Sears, Charlie Luckie, Jr., James C. Delesie, Tampa, Fla., for defendant-appellant.

John A. Lloyd, Jr., St. Petersburg, Fla., for plaintiffs-appellees.

Before BROWN, Chief Judge, and AINSWORTH and DYER, Circuit Judges.


DYER, Circuit Judge:

Early on the morning of February 5, 1970, a young man was transported from county jail to state prison where he was to serve a sentence for drug violation. En route, he died, strangling on the aspiration of his own vomit.

Michael Maltempo, age 21, had been a diabetic since age 9. His condition required regular insulin injections and special diet, but he had the somewhat erratic history typical of "juvenile" diabetics. Over a period of...

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