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FITZGERALD v. CORRECTIONS CORP. OF AMERICA

No. 03-5029.

403 F.3d 1134 (2005)

James J. FITZGERALD, Plaintiff-Appellant, v. CORRECTIONS CORPORATION OF AMERICA; Prison Health Services, Inc.; Board of County Commissioners of Tulsa County; Tulsa County Criminal Justice Authority; and John F. Josephson, M.D., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 11, 2005.

Attorney(s) appearing for the Case

Gina Cowley-Crabtree, Tulsa, OK, for Appellant.

Matthew B. Free (Catherine L. Campbell, Best & Sharp, Tulsa, OK, and David A. Graves and Jeffrey L. Wilson, The Barkley Law Firm, Tulsa, OK, with him on the brief), for Defendants-Appellees Corrections Corporation of America, John F. Josephson, M.D., and Prison Health Services, Inc.

Gretchen M. Schilling, Riggs, Abney, Neal, Turpen, Orbison & Lewis on the brief for Defendants-Appellees Board of County Commissioners of Tulsa County and Tulsa County Criminal Justice Authority.

Before TACHA, Chief Judge, HOLLOWAY and LUCERO, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff-Appellant James J. Fitzgerald broke his hip while he was incarcerated at the David Moss Criminal Justice Center. Fitzgerald alleges that he suffered this fracture after experiencing a diabetes-related seizure and falling down, and he claims that his injuries are a result of the prison authorities' failure to adequately treat his diabetes and failure to provide him with a wheelchair. Fitzgerald further alleges that prison authorities...

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