· 5/13/1975
Holiday of Smith Haven, Inc. v. Pollizze
Citations
- 82 Misc. 2d 1097
- 371 N.Y.S.2d 43
- 1975 N.Y. Misc. LEXIS 2788
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- denying qualified immunity where a doctor failed to assess an inmate with deep-vein thrombosis after he presented with signs of a cerebral edema that resulted in permanent blindness
- finding potential claim where doctor failed to monitor a patient’s blood-thinning level, even though previous doctors had already determined that such monitoring was medically necessary, and even though the doctor himself noted that such a test “was overdue”
- “Courts have frequently rejected officials’ contentions that a legal duty need be litigated and then established disease by disease or injury by injury.”
- “Courts have frequently rejected officials’ contentions that a ‘legal duty need . . . be litigated and then established disease by disease or injury by injury’ in the context of Eighth Amendment claims.” (quoting Est. of Clark v. Walker, 865 F.3d 544, 552, 553 (7th Cir. 2017)
Source: CourtListener parenthetical corpus (CC0).
Judges: Orgera
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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