· 12/26/2006
Callahan v. Poppell
Citations
- 471 F.3d 1155
- 2006 U.S. App. LEXIS 31762
- 2006 WL 3775877
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “a prisoner must have suffered ‘acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs’ ” (quoting Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976))
- acknowledging that Oklahoma has not waived sovereign immunity against § 1983 claims in federal district court and affirming district court’s dismissal of plaintiff’s official-capacity claims when plaintiff sought only damages, not prospective relief
- declining to consider claims omitted from pro se litigant’s amended pleading
- prisoners do not have an Eighth Amendment right to a particular course of treatment
- “When a suit alleges a claim against a state official in his official capacity, the real party in interest . . . is the state, and the state may raise the defense of sovereign immunity under the Eleventh Amendment.” (quotations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Henry, Briscoe, O'Brien
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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