United States DC Circuit

In prisoner civil rights action, dismissal of complaint is reversed in part as to claim for violation of rights while in defendant district's prison, and as to failure to serve certain defendants, where: 1) plaintiff's allegations of deliberate indifference to his serious medical needs states an Eighth Amendment claim; and 2) the record gives no indication that plaintiff received requisite notice of an impending dismissal.

Appellate Information

• Argued 10/05/2007
• Decided 02/01/2008
• Published 02/01/2008

Judges

• GRIFFITH, Circuit Judge:, Before:  GARLAND and GRIFFITH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard H. Frankel, appointed by the court, argued the cause for amicus curiae in support of appellant.   With him on the briefs were Steven H. Goldblatt, Director, and Michael Hass, Brendon DeMay, Christian D'Avignon-Aubut, and Damon Elder, Student Counsel., Herbert Brown, pro se, was on the brief for appellant., Adele P. Kimmel was on the brief for amici curiae DC Prisoners' Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs in support of appellant.  Arthur B. Spitzer and Deborah M. Golden entered appearances.


• For Appellees:
  
• Mary L. Wilson, Senior Assistant Attorney General, Office of Attorney General for the District of Columbia, argued the cause for appellees District of Columbia, et al.   With her on the brief were Linda Singer, Attorney General, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General., Eileen Dennis Gilbride argued the cause for appellee Corrections Corporation of America.   With her on the brief was Daniel P. Struck.