HINSON v. EDMOND

No. 98-9178.

192 F.3d 1342 (1999)

Fitzgerald Columbus HINSON, Plaintiff-Appellee, v. Roderick E. EDMOND, M.D., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 20, 1999.


Attorney(s) appearing for the Case

William Tinkler, Jr., Deana L. Simon, Decatur, GA, for Defendant-Appellant.

Timothy R. Brennan, James A. Eidson, Atlanta, GA, for Plaintiff-Appellee.

Before EDMONDSON and BIRCH, Circuit Judges, and OWENS, Senior District Judge.


EDMONDSON, Circuit Judge:

In this case, the defendant, a privately employed prison physician, appeals the district court's determination that he was ineligible for qualified immunity and its denial of his motion for summary judgment. Because we conclude that the defendant, due to his status as a privately employed prison physician, is ineligible to advance the defense of qualified immunity and that material issues of fact exist on whether the 8th Amendment was violated...

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