· 11/21/2003
Patricia Bowman, Plaintiff-Appellee/cross-Appellant v. Corrections Corporation of America, Defendant-Appellant/cross-Appellee
Citations
- 350 F.3d 537
- 62 Fed. R. Serv. 1485
- 2003 U.S. App. LEXIS 23730
- 2003 WL 22742802
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that any claim for injunctive relief asserted on behalf of a deceased inmate was rendered moot by the inmate’s death
- rejecting as “not convincing” the district court’s belief that “exceptional circumstances . . . warrant[ed] consideration of the constitutionality of [an] important medical policy”
- “Given the fact that [the plaintiff’s decedent] is dead, any claim for injunctive relief is moot.”
- “Mere negligence or malpractice is insufficient to establish an [Eighth] Amendment violation.”
- “[TJhe district court held that without a constitutional violation of [the plaintiff's constitutional right] by [the individual defendants, the municipality] cannot be held liable for its policy, even if it were to encourage deliberate indifference. We agree.”
- “Since we now reverse the sole ground on which Bowman succeeded, Bowman is no longer entitled to an award of attorney’s fees or costs, as she is no longer a “prevailing party” for purposes of the statute.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boggs, Suhrheinrich, Siler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.