STEWART v. MURPHY

No. 98-60083.

174 F.3d 530 (1999)

Bessie STEWART; Pearl Stewart Gross, individually and as administratrix of the estate of Eugene Stewart; Edward Stewart; Henrietta Stewart Reed; Paul E. Stewart; Kelly Stewart; Eugene Stewart, Jr., Plaintiffs-Appellants, v. Stewart MURPHY; Ed Hargett; Richard Knutson, Dr.; Stanley Russell; Myung Kim, Dr.; John Dial, Dr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 27, 1999.


Attorney(s) appearing for the Case

Frank A. Silvestri, John Paul Massicot, Silvestri & Massicot, New Orleans, LA, for Plaintiffs-Appellants.

John Lewis Clay, Special Assistant Attorney General, Jackson, MS, Leonard Charlton Vincent, Mississippi Department of Corrections, Parchman, MS, for Defendants-Appellees.

Before REYNALDO G. GARZA, POLITZ and BARKSDALE, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

For this 42 U.S.C. § 1983 action arising out of the death of Eugene Stewart, an inmate in the Mississippi Department of Corrections (MDOC), Appellants challenge an adverse summary judgment, claiming material fact issues for whether, in violation of the Eighth Amendment, three of Stewart's treating physicians and the medical director at the prison hospital were deliberately indifferent to his serious medical needs, resulting...

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