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Prisoner Sufficiently Alleged Claim to Medical Care

By Shari Allison

Edmisten v. Werholtz, 2008 WL 2940794 (8/1/08) (unpub'd) - The 10th reverses a denial of a request for a preliminary injunction for medical care. The plaintiff had made sufficient allegations to warrant an injunction where: a doctor determined he needed immediate surgery to replace the prosthesis in his jaw ravaged by bone cancer, and prescribed pain medication, antibiotics and a special diet, while awaiting surgery by the only doctor capable of performing the surgery; the Kansas prison denied his medication, antibiotics and special diet and stalled off the surgery, including not transporting him to his surgeon, despite doctor's orders to do so, because the surgery would cost $100,000; the plaintiff suffered lots of pain, etc. and was close to losing any chance the surgery could help...continue to full post

Full post as published by Tenth Circuit Blog on August 05, 2008 (boomark / email).