[Download] "Gleash v. Yuswak" by Seventh Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free

eBook details

Title: Gleash v. Yuswak
Author : Seventh Circuit U.S. Court of Appeals
Release Date : January 21, 2002
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 51 KB

Description

Marvin Gleash has filed two essentially identical suits complaining that prison guards violated the eighth amendment by confiscating a back brace that the prisons medical staff had provided. The district court dismissed the first suit with prejudice under 28 U.S.C. Â§Â§ 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim on which relief may be granted. The judge viewed the complaint as challenging the medical staffs delay in furnishing a replacement; that grievance, the judge stated, alleges only negligence and thus does not state a constitutional claim. See Farmer v. Brennan, 511 U.S. 825 (1994); Estelle v. Gamble, 429 U.S. 97 (1976).