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Verdicts
Federal Court Was the Wrong Forum for Prisoner's Suit
The Magistrate granted defendant's motion for summary judgment, as the plaintiff prisoner's claim of substandard medical care should have been brought in state court as a medical malpractice claim rather than in federal court as a complaint of violation of constitutional rights under 42 U.S.C. ' 1983. Ayro v. Terrebonne Parish Consolidated Govm't, Civ. Act. No. 03-3628 Sect. “N” (3), 2004 U.S. Dist. LEXIS 19226 (E.D.L. 9/24/04).
The Plaintiff, a state prisoner, filed a complaint against the Terrebonne Parish Consolidated Government and others, claiming that he has been denied adequate medical care in violation of his constitutional rights. When he complained of stomach problems plaintiff was seen by prison doctors and treated several times there. After a few months of unsuccessful treatment, he was seen at a hospital where he was diagnosed with colon cancer, operated on and given chemotherapy.
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