SMART v. VILLAR

No. 75-1717.

547 F.2d 112 (1976)

Willie SMART, Appellant, v. Romeo VILLAR, Chief Medical Officer, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 30, 1976.


Attorney(s) appearing for the Case

Leonard D. Munker, Federal Public Defender, Wichita, Kan., for appellant.

Roger M. Theis, Asst. Atty. Gen., Topeka, Kan., for appellee.

Before HILL, SETH and McWILLIAMS, Circuit Judges.


SETH, Circuit Judge.

The appellant, Willie Smart, a Kansas state prisoner, commenced by a pro se complaint this Civil Rights action (42 U.S.C. § 1983) against the physician at the state prison. Plaintiff-appellant asserted that he was denied proper medical care in that he should have had a diagnosis and testing at a medical facility outside the state prison where other procedures were available.

Plaintiff sought to proceed in forma pauperis, and his complaint...

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