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Hinson v. Edmond

United States Court of Appeals, Eleventh Circuit
Mar 7, 2000
205 F.3d 1264 (11th Cir. 2000)

Summary

holding that a physician employed by a private, for-profit corporation contracted to provide medical care to inmates “is ineligible to advance the defense of qualified immunity.”

Summary of this case from Walton v. Corizon Med.

Opinion

No. 98-9178.

DECIDED March 7, 2000.

William P. Tinkler, Jr., Dawn M. Diedrich, William Tinkler, Jr., P.C., Decatur, GA, Deana L. Simon, Drewk, Eckl Farnham, Atlanta, GA, for Defendant-Appellant.

Timothy Robert Brennan, James Anthony Eidson, Eidson Associates, P.C., Atlanta, GA, for Plaintiff-Appellee.

Appeal from the United States District Court for the Northern District of Georgia.(No. 97-00431-1-CV-JEC), Julie E. Carnes, Judge.

Before EDMONDSON and BIRCH, Circuit Judges, and OWENS, Senior District Judge.

Honorable Wilbur D. Owens, Jr., Senior U.S. District Judge for the Middle District of Georgia, sitting by designation.


Our opinion in Fitzgerald Columbus Hinson v. Roderick E. Edmond, reported at 192 F.3d 1342 is revised as follows:

1. The second sentence of the first paragraph of the opinion is amended to read:

Because we conclude that the defendant, due to his status as a privately employed prison physician, is ineligible to advance the defense of qualified immunity, we AFFIRM the district court's order and REMAND for further proceedings.

2. The final five paragraphs of the opinion, those appearing at pages 1348-49, are withdrawn. We lacked jurisdiction to consider the merits because they are not "inextricably interwoven" with our decision on qualified immunity. See generally Swint v. Chambers County Comm'n, 514 U.S. 35, 115 S.Ct. 1203, 1212, 131 L.Ed.2d 60 (1995); Foy v. Schantz, Schatzman Aaronson, P.A., 108 F.3d 1347, 1350 (11th Cir. 1997); Harris v. Board of Educ., 105 F.3d 591, 594 (11th Cir. 1997). In the place of the stricken paragraphs, we substitute this paragraph:

We affirm the district court's denial of defendant's motion for summary judgment: the qualified immunity doctrine does not apply. We remand the case for proceedings consistent with this opinion.

AFFIRMED AND REMANDED.


Summaries of

Hinson v. Edmond

United States Court of Appeals, Eleventh Circuit
Mar 7, 2000
205 F.3d 1264 (11th Cir. 2000)

holding that a physician employed by a private, for-profit corporation contracted to provide medical care to inmates “is ineligible to advance the defense of qualified immunity.”

Summary of this case from Walton v. Corizon Med.

holding that a physician employed by a private, for-profit corporation contracted to provide medical care to inmates “is ineligible to advance the defense of qualified immunity.”

Summary of this case from Adams v. Cousin

holding that a physician employed by a private, for-profit corporation contracted to provide medical care to inmates “is ineligible to advance the defense of qualified immunity.”

Summary of this case from Gladney v. Burks

finding no reason to distinguish privately employed physicians from privately employed prison guards and denying qualified immunity; withdrawing any opinion on the merits of the constitutional claim

Summary of this case from Thompson v. Ackal

finding no reason to distinguish privately employed physicians from privately employed prison guards and denying qualified immunity; withdrawing any opinion on the merits of the constitutional claim

Summary of this case from Cheek v. Nueces Cnty. Tex.

finding private physicians providing medical services to prison inmates had no right to assert qualified immunity defense

Summary of this case from Seiber v. Anderson Cnty.

finding private physicians providing medical services to prison inmates had no right to assert qualified immunity defense

Summary of this case from Grimes v. County

concluding that "the defendant, due to his status as a privately employed prison physician, is ineligible to advance the defense of qualified immunity"

Summary of this case from Davis v. Madison Cnty.

denying qualified immunity to private physician

Summary of this case from Estate of Jensen v. Clyde

noting that a "privately employed prison physician" was "ineligible to advance the defense of qualified immunity"

Summary of this case from Smith v. McNesby
Case details for

Hinson v. Edmond

Case Details

Full title:Fitzgerald Columbus HINSON, Plaintiff-Appellee, v. Roderick E. EDMOND…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Mar 7, 2000

Citations

205 F.3d 1264 (11th Cir. 2000)

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