Case law · Appeals court · Federal

Norman Grayson v. Mayview State Hospital Allegheny County Jail Camp Hill Prison United States of America, Intervenor

Decided
June 7, 2002
Docket
99-3980
Status
Published
Jurisdiction
Federal

Cited 4,438 timesNo negative treatment found in this library

What later courts said

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How the opinion begins

OPINION OF THE COURT AMBRO, Circuit Judge.

Norman Grayson, an inmate at various times of the three institutions named as defendants, brought this pro se damages action under 42 U.S.C. § 1983, alleging the defendants were deliberately indifferent to his medical needs in violation of the Eighth Amendment. The District Court granted Grayson leave to proceed in forma pau-peris, but denied his further request for appointed legal counsel. Upon the defendants’ motions, the Court dismissed Gray-son’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).

Although the Court found that his claims had possible substantive merit if pled adequately, it did not provide leave to amend before dismissing the action. This was contrary to our Court’s rule, established before Congress enacted the Prison [*106] Litigation Reform Act (“PLRA”), [1] that such leave must be granted when amendment could cure the deficiency and would not be inequitable.

Statutes cited

Cite this

Norman Grayson v. Mayview State Hospital Allegheny County Jail Camp Hill Prison United States of America, Intervenor, 293 F.3d 103 (2002)

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