Graham v. Wright
Opinion of the Court
SUMMARY ORDER
AFTER SUBMISSION AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is AFFIRMED.
In September 2001 Graham filed, in the Southern District of New York, this 42 U.S.C. § 1983 action for alleged failure timely to diagnose and properly to treat a Hepatitis C infection in violation of his Eighth Amendment right to be free from cruel and unusual punishment. In September 2003 the District Court granted, in part, a motion to dismiss brought by Respondents. In August 2004 the District Court granted summary judgment in favor of Respondents on all of Graham’s remaining claims. Graham has appealed that grant of summary judgment. We assert jurisdiction under 28 U.S.C. § 1291 and affirm.
On de novo review, see Tenenbaum v. Williams, 193 F.3d 581, 593 (2d Cir. 1999), we agree with the District Court that, based on this record, the remaining defen
We have considered each of Graham’s remaining arguments on this appeal and find each of them to be without merit. For the foregoing reasons, we AFFIRM the judgment of the District Court.
Reference
- Full Case Name
- Frank GRAHAM v. Lester N. WRIGHT, Associate Commisioner/Chief Medical Officer DOCS, John P. Keane, Woodbourne Correctional Facility, Frank Lancellotti, Mervat Makram, Health Care Unit Woodbourne Correctional Facility, Anthony Graceffo, Auburn Correctional Facility, Matthews, Auburn Correctional Facility, Milicevic, Eastern Correctional Facility, Un-Named Persons, Individuals, Officers, Civilians, individually and in their official capacities
- Status
- Published