Parker v. Brinson

Court of Appeals of Georgia

Parker v. Brinson

432 S.E.2d 626, 209 Ga. App. 19, 93 Fulton County D. Rep. 2312, 1993 Ga. App. LEXIS 717

CourtCourt of Appeals of Georgia

DecidedJune 10, 1993

DocketA93A0719

StatusPublished

Cited by2 cases

This text of 432 S.E.2d 626 (Parker v. Brinson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parker v. Brinson, 432 S.E.2d 626, 209 Ga. App. 19, 93 Fulton County D. Rep. 2312, 1993 Ga. App. LEXIS 717 (Ga. Ct. App. 1993).

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Opinion

McMurray, Presiding Judge.

This case is controlled by Howard v. Jonah, 208 Ga. App. 542 (430 SE2d 833). To the extent this prison inmate’s “tort negligence and medical indifference” action (brought against the warden of the prison, the warden’s predecessor, two deputy wardens and the medical director) sets forth a medical malpractice claim, the trial court did not err in dismissing it (for failure to satisfy the requirements of OCGA § 9-11-9.1). However, to the extent this action sets forth a civil rights claim under 42 USC § 1983 for deliberate indifference to an inmate’s medical needs, the trial court erred in dismissing it.

Judgment affirmed in part and reversed in part.

Cooper, J., concurs. Beasley, P. J., concurs in judgment only.

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McMurray, Presiding Judge.

This case is controlled by Howard v. Jonah, 208 Ga. App. 542 (430 SE2d 833). To the extent this prison inmate’s “tort negligence and medical indifference” action (brought against the warden of the prison, the warden’s predecessor, two deputy wardens and the medical director) sets forth a medical malpractice claim, the trial court did not err in dismissing it (for failure to satisfy the requirements of OCGA § 9-11-9.1). However, to the extent this action sets forth a civil rights claim under 42 USC § 1983 for deliberate indifference to an inmate’s medical needs, the trial court erred in dismissing it.

Judgment affirmed in part and reversed in part.

Cooper, J., concurs. Beasley, P. J., concurs in judgment only.

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Bluebook (online)

432 S.E.2d 626, 209 Ga. App. 19, 93 Fulton County D. Rep. 2312, 1993 Ga. App. LEXIS 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-brinson-gactapp-1993.

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