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HERBERT v. DISTRICT OF COLUMBIA

No. 93-CV-407.

691 A.2d 1175 (1997)

Katherine HERBERT, Appellant, v. DISTRICT OF COLUMBIA, et al., Appellees.

District of Columbia Court of Appeals.

Decided April 10, 1997.

Attorney(s) appearing for the Case

Judy L. Feinberg, Washington, DC, with whom Andrea L. Koyner was on the brief, for appellant.

Edward E. Schwab, Assistant Corporation Counsel, with whom Vanessa Ruiz, Corporation Counsel at the time the brief was filed, Charles L. Reischel, Deputy Corporation Counsel, and Michael F. Wasserman, Assistant Corporation Counsel at the time the brief was filed, were on the brief, for appellee District of Columbia.

Edward A. Gonsalves, Fairfax, VA, with whom Gary A. Godard and Christine Mougin-Boal were on the brief, for appellees Robert Yancey, M.D., and Barrington Barnes, M.D.

James W. Cobb, Washington, DC, filed a brief on behalf of appellees Professional Development Corporation and its officers and directors.

Before WAGNER, Chief Judge, and TERRY and SCHWELB, Associate Judges.

TERRY, Associate Judge:

The principal issue in this case, one of first impression in this court, is whether the trial court was correct when it ruled that the District of Columbia could delegate to a contractor its duty to provide necessary and appropriate medical care to prisoners incarcerated in its prison system. We hold that this ruling was erroneous, and thus we reverse the judgment in favor of the District and remand this case for further proceedings.

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