HAMILTON v. ROTH

Nos. 79-2171, 79-2285.

624 F.2d 1204 (1980)

Jimmy L. HAMILTON, Appellant/Cross-Appellee, v. Lawrence V. ROTH, Jr., Individually and in his official capacity as Warden of Montgomery County Prison, W. Anastasia, Individually and in his official capacity as Deputy Warden of Montgomery County Prison, Dr. Andries, Individually and in his official capacity as Physician of Montgomery County Prison, Montgomery County Board of Prison Inspectors, Individually and in their official capacities: Robert McCracken, James Hogg, Theodore Ellis, Robert Asher, Barry Haines, Charles L. Peixoto, Jr., Montgomery County Commissioners, Individually and in their official capacities: A. Russell Parkhouse, Frank W. Jenkins, Lawrence H. Curry, Julius T. Cuyler, Individually and in his official capacity as Warden of the State Correctional Institution at Graterford, Dr. Gaffney, Individually and in his official capacity as Physician at the State Correctional Institution at Graterford, Glen R. Jeffes, Individually and in his official capacity as Warden of the State Correctional Institution at Dallas, Mr. Kilgannon, Individually and in his official capacity as Assistant Warden at Montgomery County Prison, and Mr. Carlin, Individually and in his official capacity as Administrator of work release at Montgomery County Prison, Appellees, Dr. Edmund Gaffney, Appellee/Cross-Appellant.

United States Court of Appeals, Third Circuit.

Decided July 2, 1980.


Attorney(s) appearing for the Case

Stanley I. Slipakoff (argued), Asst. Atty. Gen., John O. J. Shellenberger, Deputy Atty. Gen., Eastern Regional Director, Edward G. Biester, Jr., Atty. Gen., Commonwealth of Pennsylvania Dept. of Justice, Philadelphia, Pa., for appellee/cross-appellant, Gaffney.

Arthur W. Lefco (argued), Marguerite J. Ayres, Mesirov, Gelman, Jaffee, Cramer & Jamieson, Philadelphia, Pa., for appellant/cross-appellee, Hamilton.

Before ROSENN, GARTH and SLOVITER, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge:

Jimmy Lee Hamilton, the appellant, suffers from a recurrent growth on his penis known as an intraurethral condyloma acuminatum of Buschke and Lowenstein. Such condylomas resemble in appearance large warts. He first developed this growth while serving in the Marines. It reappeared shortly before he was incarcerated in the Pennsylvania State Correctional Institution at Graterford. The military doctors were rather...

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