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Daley v. Ward

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


May 30, 1979

DAVID DALEY, PLAINTIFF-APPELLANT,
v.
BENJAMIN WARD, COMMISSIONER OF CORRECTIONAL SERVICES AND DAVID R. HARRIS, SUPERINTENDENT OF GREEN HAVEN CORRECTIONAL FACILITY, DEFENDANTS-APPELLEES.

Appeal from the United States District Court for the Southern District of New York.

Present: HONORABLE LEONARD P. MOORE, HONORABLE HENRY J. FRIENDLY, HONORABLE WILFRED FEINBERG, Circuit Judges

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was submitted by appellant pro se and counsel for appellees.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is AFFIRMED.

David Daley, an inmate at the Green Haven Correctional Facility, appeals from a judgment of the United States District Court for the Southern District of New York, Kevin T. Duffy, J., dismissing appellant's complaint. Appellant alleged that he hurt his wrist on May 12, 1978 while playing soccer, and that defendants failed to provide proper treatment for this injury. While "deliberate indifference to serious medical needs of prisoners" violates the Eighth Amendment, "an inadvertent failure to provide adequate medical care" is not a constitutional violation. Estelle v. Gamble, 429 U.S. 97, 104, 105 (1976). Plaintiff's major complaint is that his injury was not correctly diagnosed until almost a week after the accident. This is an allegation of mere negligence or medical malpractice. Plaintiff also claims that it violates the constitution not to have a physician on duty at the prison on weekends. Plaintiff acknowledges that a nurse is on duty during the weekend and that a staff doctor is called in the case of any serious prisoner illness. We do not think that this procedure constitutes "deliberate indifference" to the prisoners' medical needs. We have reviewed all the arguments raised by appellant and finding them to be without merit, we affirm the judgment of the district court.

19790530

© 1998 VersusLaw Inc.



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