Constantine Gus Kontos v. Arthur T. Prasse, Commissioner of Correction, Huntingdon, Pa.
This text of 444 F.2d 166 (Constantine Gus Kontos v. Arthur T. Prasse, Commissioner of Correction, Huntingdon, Pa.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
Appellant seeks review of the denial of his motion for leave to file a civil rights action. He is a prisoner in the custody of the Pennsylvania Bureau of Correction and alleges that he is being denied necessary medical treatment for an ear infection. This court has held that the averment of what amounts to negligence does not constitute the deprivation of constitutional rights required for support of a civil rights action. Git-tlemacker v. Prasse, 428 F.2d 1 (C.A.3, 1970).
The order of the district court will be affirmed.
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444 F.2d 166, 1971 U.S. App. LEXIS 9555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/constantine-gus-kontos-v-arthur-t-prasse-commissioner-of-correction-ca3-1971.