FEENEY v. CORRECTIONAL MEDICAL SERVICES, INC.

No. 05-2224.

464 F.3d 158 (2006)

James M. FEENEY, Plaintiff, Appellant, v. CORRECTIONAL MEDICAL SERVICES, INC.; Arthur K. Brewer, M.D.; John D. Noonan; John Crotty, Medical Director; Donald Kern, M.D.; Kasim Gouda; Charles King, M.D.; Carol McLellan, Nurse Practitioner, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 2, 2006.


Attorney(s) appearing for the Case

Edgar L. Kelley on brief for appellant.

David A. Hilton, Charles M. Urso, and Morrison Mahoney LLP, on brief for appellees.

Before SELYA, LIPEZ, and HOWARD, Circuit Judges.


LIPEZ, Circuit Judge.

Plaintiff-appellant James M. Feeney, a former inmate of the Massachusetts correctional system, brought suit under 42 U.S.C. § 1983 claiming that Correctional Medical Services, Inc. ("CMS") and seven health care professionals acted with deliberate indifference to his serious medical needs in violation of the Eighth Amendment. The district court dismissed the case against five of the defendants for failure to state a claim and later granted...

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