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SIMMAT v. U.S. BUREAU OF PRISONS

No. 03-3361.

413 F.3d 1225 (2005)

Ron SIMMAT, Plaintiff-Appellant, v. UNITED STATES BUREAU OF PRISONS; G.F. Jackson, Dentist, U.S. Bureau of Prisons; and Reid Elden Stempel, Dentist, U.S. Bureau of Prisons, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 1, 2005.

Attorney(s) appearing for the Case

Ron Simmat filed briefs pro se.

Janet Koven Levit, Associate Professor, University of Tulsa College of Law, Tulsa, OK, for Plaintiff-Appellant.

Emily B. Metzger, Assistant United States Attorney, (Eric F. Melgren, United States Attorney, with her on the briefs) Wichita, KS, for Defendants-Appellees.

Before KELLY, HARTZ, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

At least since Estelle v. Gamble, 429 U.S. 97, 104-06, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), federal courts have recognized the right of prisoners to relief if prison officials deny them basic medical care, in violation of the Eighth Amendment. In the case of state prisoners, the vehicle for such suits is 42 U.S.C. § 1983, with its jurisdictional predicate, 28 U.S.C. § 1343. See Simmat; Hunt...

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