· 11/12/1940
Hartsel v. United States
Citations
- 92 Ct. Cl. 127
- 1940 WL 4020
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that, where plaintiff favored root canal over extraction, plaintiff raised “merely . . . a disagreement over the proper course of his treatment and thus failed to allege a reckless disregard with respect to his dental care”
- holding no deliberate indifference where inmate was denied a root canal and his tooth was extracted
- noting that “[a]lthough [plaintiff] may have preferred a different course of treatment, his preference alone cannot establish deliberate indifference as such second-guessing is not the province of the courts”
- finding that the district court properly disposed of inmate’s Eighth Amendment claim because the “allegations merely amounted to a disagreement over the proper course of [inmate’s] treatment and thus failed to allege a reckless disregard with respect to his...care”
- “Although James may have preferred a different course of treatment, his preference alone cannot establish deliberate indifference as such second-guessing is not the province of the courts.”
- failure to allege an Eighth Amendment claim against a dentist who provided timely care, with no indication the dentist’s decision was based on anything beyond routine patient care.
Source: CourtListener parenthetical corpus (CC0).
Judges: Green, Littleton, Took, Whaley, Whitaker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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