[Download] "Smith v. Estlack" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. Estlack
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 26, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Order Jules T. Smith, a/k/a Jules T. Smith-El, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights action filed pursuant to 42 U.S.C. § 1983. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, the panel unanimously agrees that oral argument is not necessary. Fed. R. App. P. 34(a). Seeking damages, Smith sued Saginaw County (Michigan), the Saginaw County sheriff (Kelly), a Saginaw County police officer (Estlack), a nurse at the Saginaw County jail (Austin), and the former Governor (Blanchard) of the state of Michigan, alleging that his rights under the Eighth Amendment to the Federal Constitution were violated when: (1) Estlack subjected him to cruel and unusual punishment and (2) Austin failed to provide him with adequate medical treatment. Smith was a pre-trial detainee. Because he had not yet been convicted of a crime, the district court properly evaluated his claim under the Due Process Clause of the Fourteenth Amendment rather than under the Eighth Amendment. Roberts v. City of Troy, 773 F.2d 720, 723 (6th Cir. 1985).
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