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Hughes v. Noble

United States Court of Appeals, Fifth Circuit
Nov 3, 1961
295 F.2d 495 (5th Cir. 1961)

Summary

holding that a pretrial detainee with dislocated and fractured vertebrae stated a valid claim for relief where officials provided him with no medical attention

Summary of this case from Ford v. Anderson Cnty.

Opinion

No. 19064.

November 3, 1961.

Meyer W. Perloff, Mobile, Ala., for appellant.

Jerry L. Coe, Asst. Atty. Gen. of Alabama, John E. Adams, Grove Hill, Ala., MacDonald Gallion, Atty. Gen., of Alabama, for appellee.

Before RIVES and WISDOM, Circuit Judges, and CARSWELL, District Judge.


This action purports to be under 42 U.S.C.A. § 1983 for a deprivation of civil rights. The appeal is from a judgment sustaining a motion to dismiss the complaint. The complaint alleges that plaintiff lost control of his automobile and ran off the highway into a ditch, with a result that his neck was broken; and, further, that: "the defendant without any just cause or provocation and under color of his authority as Sheriff of Clarke County, Alabama, then took the plaintiff into custody and placed him under arrest thereby causing plaintiff to be incarcerated in the County Jail of Clarke County, Alabama. The plaintiff was then locked in a cell and despite his repeated requests for medical attention it was denied him. The plaintiff was further denied the right to use a telephone to call a physician or anyone else to come attend to his injuries even though the plaintiff offered to and had the means of paying for said attention. The plaintiff was locked in his cell from to-wit: 10:30 P.M. on July 2, 1960, until to-wit: 11:30 A.M. on July 3, 1960, despite his repeated requests for medical attention and severe pain which he was forced to endure. Immediately upon his release the plaintiff sought medical attention and his injuries were diagnosed as two dislocated and one fractured cervical vertebrae. That the plaintiff was hospitalized and in traction for a period of fifteen (15) days after his release from the jail. That he was compelled to wear a brace about his neck for a period of five months which all resulted in his losing time from his work."

The complaint was far from a model of perfection, and the defendant could doubtless have successfully moved for a more definite statement. See Rule 12(e), Federal Rules of Civil Procedure, 28 U.S.C.A. Nonetheless, the purpose of pleading is to facilitate a proper decision on the merits.

"In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 1957, 355 U.S. 41, 45, 46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80. This Court has held that test applicable to a complaint drawn under this same section. Lewis v. Brautigam, 5 Cir., 1955, 227 F.2d 124, 127, 55 A.L.R.2d 505.

It does not appear beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. See Monroe v. Pape, 1961, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed. 2d 492; Coleman v. Johnston, 7 Cir., 1957, 247 F.2d 273; Hardwick v. Hurley, 7 Cir., 1961, 289 F.2d 529. The judgment is therefore reversed and the cause remanded.

Reversed and remanded.


Summaries of

Hughes v. Noble

United States Court of Appeals, Fifth Circuit
Nov 3, 1961
295 F.2d 495 (5th Cir. 1961)

holding that a pretrial detainee with dislocated and fractured vertebrae stated a valid claim for relief where officials provided him with no medical attention

Summary of this case from Ford v. Anderson Cnty.

finding a complaint that alleged officers arrested a man after he lost control of his automobile, ran off the highway, and broke his neck and refused to provide him medical treatment but instead locked him in a cell for eleven hours before releasing him sufficient to survive a motion to dismiss under the Conley v. Gibson pleading standard

Summary of this case from Davis v. City of Montgomery

finding that a complaint stated a claim where it alleged a thirteen-hour delay in treating broken vertebrae

Summary of this case from Scott v. Keller

following automobile accident, individual jailed for thirteen hours with broken neck and forced to endure "severe pain" despite "repeated requests for medical attention"

Summary of this case from Hill v. Dekalb Regional Youth Detention Ctr.

In Hughes, where the complaint alleged that a Sheriff, upon arriving at the scene of an automobile accident, arrested and held incommunicado a person who suffered a broken neck, the Court held that it did not appear beyond doubt that plaintiff could prove no set of circumstances in support of his claim.

Summary of this case from Schmidt v. Wingo

following automobile accident, individual jailed for thirteen hours with broken neck and forced to endure “severe pain” despite “repeated requests for medical attention”

Summary of this case from Hughes v. Judd
Case details for

Hughes v. Noble

Case Details

Full title:Lewis HUGHES, Appellant, v. Chester C. NOBLE, Appellee

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 3, 1961

Citations

295 F.2d 495 (5th Cir. 1961)

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