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Howard A. Scott v. Katherine Ortega, Medtech at C.U.C.F. And Michelle Marhal, Medtech at C.U.C.F.

Citations: 30 F.3d 142; 1994 WL 363548Docket: 93-4182

Court: Court of Appeals for the Tenth Circuit; July 14, 1994; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by an inmate, Howard A. Scott, against medical technicians, Katherine Ortega and Michelle Marhal, at the Central Utah Correctional Facility. Scott alleged an Eighth Amendment violation under 42 U.S.C. § 1983, claiming that the defendants denied him medical treatment for chest pain, thereby acting with deliberate indifference. The district court dismissed the complaint as frivolous under 28 U.S.C. § 1915(d), citing a lack of deliberate indifference and the absence of any lasting or serious injury as per Estelle v. Gamble standards. The United States Court of Appeals for the Tenth Circuit reviewed the dismissal and found no abuse of discretion, thus affirming the district court's decision. This judgment is not a binding precedent but can be cited for its persuasive value under specific circumstances, as outlined in the court's General Order from November 29, 1993. The outcome underscores the necessity for claims under the Eighth Amendment to demonstrate both deliberate indifference and significant injury to avoid dismissal as frivolous.

Legal Issues Addressed

Appellate Review and Affirmation of District Court Decisions

Application: The Tenth Circuit affirmed the district court's decision, underscoring the lack of abuse of discretion in dismissing the case.

Reasoning: The Tenth Circuit affirmed the district court's decision, agreeing with its reasoning and finding no abuse of discretion in the dismissal.

Citation of Unpublished Opinions

Application: Unpublished opinions may be cited if they have persuasive value on a material issue and a copy is furnished to the court and parties.

Reasoning: Unpublished opinions may now be cited if they have persuasive value on a material issue, provided a copy is attached or furnished to the court and parties.

Eighth Amendment and Deliberate Indifference

Application: The court determined that the failure to provide medical treatment must demonstrate deliberate indifference to constitute a violation of Eighth Amendment rights.

Reasoning: The district court dismissed Scott's complaint as frivolous under 28 U.S.C. § 1915(d), concluding that the defendants' inaction did not demonstrate deliberate indifference as required for an Eighth Amendment claim.

Frivolous Claims under 28 U.S.C. § 1915(d)

Application: A claim can be dismissed as frivolous if it lacks an arguable basis in law or fact, as determined by the district court regarding Scott's complaint.

Reasoning: The district court dismissed Scott's complaint as frivolous under 28 U.S.C. § 1915(d).

Standard for Medical Injury Claims

Application: The absence of alleged lasting or serious injury can lead to dismissal of claims, based on the standard set in Estelle v. Gamble.

Reasoning: Additionally, the court noted that Scott had not alleged any lasting or serious injury resulting from the defendants’ failure to provide care, referencing the standard set in Estelle v. Gamble.