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440 F.2d 379

Docket No. 31062 Summary Calendar.**

Lawrence v. Wainwright

Fifth Circuit Court of Appeals

Cited by 2 later decisions — most recently August 1975

1 federal appellate ·

2 counsel of record

Key passage — most relied on by later courts

“abuse of discretion by state prison authorities in providing medical treatment for prisoners.”

quoted by 1 later decision, including J. W. Gamble v. W. J. Estelle, Director, Texas Department of Corrections

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Roy v. Wainwright · Haskew v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam ·

View the full empirical analysis of this case →

Freddie B. Lawrence, Jr., pro se.

Earl Faircloth, Atty. Gen. of Fla., Robert L. Shevin, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, Fla., for appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

¶1

The appellant, a prisoner of the State of Florida, appeals from the dismissal of his complaint brought under 42 U.S.C. § 1983 seeking damages for improper medical treatment and injunctive relief for further medical treatment. The district court dismissed the complaint for failure to state a claim upon which relief can be granted. We affirm.

¶2

In similar suits brought pursuant to 42 U.S.C. § 1983, we have held that in order to state a claim upon which relief could be granted, the complaint must allege an abuse of discretion by prison authorities in providing medical treatment for prisoners. Haskew v. Wainwright, 429 F.2d 525 (5th Cir. 1970); Roy v. Wainwright, 418 F.2d 231 (5th Cir. 1969). Since the complaint in this case fails to allege an abuse of discretion by the defendants, it was properly dismissed by the district court.

¶3

Affirmed.

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