416 F.2d 449 (2nd Cir. 1969), 48, Church v. Hegstrom

Docket Nº:48, 32868.
Citation:416 F.2d 449
Party Name:Albert Edwin CHURCH, II, Administrator of the Estate of Harold O. Church, Plaintiff-Appellant, v. Harold E. HEGSTROM, State Jail Administrator, Charles Baikal, Supervising Captain, M. Martin Gould, M.D., and Patrick J. Hogan, Correctional Director, Defendants-Appellees.
Case Date:October 09, 1969
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 449

416 F.2d 449 (2nd Cir. 1969)

Albert Edwin CHURCH, II, Administrator of the Estate of Harold O. Church, Plaintiff-Appellant,

v.

Harold E. HEGSTROM, State Jail Administrator, Charles Baikal, Supervising Captain, M. Martin Gould, M.D., and Patrick J. Hogan, Correctional Director, Defendants-Appellees.

No. 48, 32868.

United States Court of Appeals, Second Circuit.

October 9, 1969

Argued Sept. 19, 1969.

Herbert Watstein, Bristol, Conn. (Julius Watstein, Watstein & Watstein, Bristol, Conn., on the brief), for appellant.

Raymond J. Cannon, Asst. Atty. Gen., Conn. (Robert K. Killian, Atty. Gen. of Conn., on the brief), for appellees Harold E. Hegstrom, Charles Baikal and Patrick J. Hogan.

Brian L. Hollander, Hartford, Conn. (Thomas J. Groark, Jr., Day, Berry & Howard, Hartford, Conn., on the brief), for appellee Dr. M. Martin Gould.

Before MOORE, HAYS and ANDERSON, Circuit Judges.

Page 450

ANDERSON, Circuit Judge:

Harold O. Church died in the Connecticut State Jail, Hartford, on March 16, 1967, after some three weeks of incarceration there. His administrator brought an action against four prison officials under a federal civil rights statute, 42 U.S.C. § 1983, seeking damages and costs of $150,000 for their alleged failure to furnish needed medical care in deprivation of Church's constitutional rights. The district court dismissed the action for failure to state a claim upon which relief could be granted, and it also denied a motion to reopen the judgment and file an amended complaint. We affirm.

In the original complaint, the plaintiff-appellant alleged that the four defendant employees of the State of Connecticut, including Harold E. Hegstrom, state jail administrator; Charles Baikal, supervising captain at the Hartford jail; M. Martin Gould, Hartford State Jail physician; and Patrick J. Hogan, Hartford jail correctional director, 'knew or should have known that Harold O. Church urgently needed medical attention and essential medical care' from March 6, 1967, until his death. At argument before the district court, the plaintiff disclosed that the allegation was based upon the specific facts that his decedent was observed by a jail attendant to 'look poorly' on March 6, and that he died ten days later of what an autopsy showed to be pulmonary emphysema and intensive bronchopneumonia. There was no specific allegation that any of these...

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