BORING v. KOZAKIEWICZ

No. 86-3710.

833 F.2d 468 (1987)

Terry Alan BORING, Andrew Calhoun, Weldon Fells, Dale E. Geidel, Ronald Perry, Bobby Robinson, David Beatty, Philip Meighan, Prentiss Johnson, on behalf of themselves and all others similarly situated; Inmates of Allegheny County Jail, Appellants, v. Charles J. KOZAKIEWICZ, Warden, et al.

United States Court of Appeals, Third Circuit.

Decided November 16, 1987.


Attorney(s) appearing for the Case

Lynn J. Alstadt, (Argued), Thomas R. Shaffer, Michael L. Dever, Pittsburgh, Pa., for appellants.

Louis C. Long, (Argued), Marshall J. Tindall, Gregory F. Buckley, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for appellees Dr. Howard K. Foster and Dr. Marshall Johnson.

Cathie J. Fagan, (Argued), Wayman, Irvin & McAuley, Pittsburgh, Pa., for appellees, Kozakiewicz, etc.

Before GIBBONS, Chief Judge, WEIS, Circuit Judge, and GILES, District Judge.


OPINION OF THE COURT

WEIS, Circuit Judge.

The principal issue on this appeal is whether former pretrial detainees seeking damages in constitutional claims for lack of medical care must produce expert testimony to establish that their ailments were serious. The district court required such evidence and in its absence granted a directed verdict in favor of defendants. We will affirm.

In addition to the counts under 42 U.S.C. § 1983 alleging failure...

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