· 3/5/1948
Ott v. De Bardeleben Coal Corp.
Citations
- 166 F.2d 509
- 1948 U.S. App. LEXIS 3191
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an Eighth Amendment deliberate indifference claim involving continuing failures to treat, unlike a medical malpractice claim based on a discrete act of malpractice, constitutes a continuous violation
- finding that an Eighth Amendment deliberate indifference claim for failure to treat an inmate’s hernia, a continuing violation, accrued when the inmate left the prison
- holding that an inmate’s 42 U.S.C. section 1983 claim for a continuing denial of medical care accrued for limitations purposes on the last date officials refused to treat his condition or on the date the inmate left jail
- stating that “[t] oiling interrupts the statute of limitations after it has begun to run”
- noting that every day that the defendants had “prolonged [an inmate’s] agony by not treating his painful condition marked a fresh infliction of punishment”
- explaining that “[e]very day that they prolonged his agony by not treating his painful condition marked a fresh infliction of punishment”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lee
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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