Professional Documents
Culture Documents
No. 09-6288
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Benson Everett Legg, Chief District
Judge. (1:08-cv-00301-BEL)
Submitted:
July 7, 2009
Decided:
PER CURIAM:
Kenneth Carlos Hall, a former inmate at the Frederick
County
Adult
Detention
Center,
filed
this
42
U.S.C.
1983
and
intentionally
Sheriff
denied
Chuck
him
Jenkins,
medication
alleging
on
that
December
Holtzman
17,
2007,
appeals
the
district
and
grant
courts
of
denial
appoint
counsel
summary
favor. 2
of
his
judgment
motions
in
to
Holtzmans
I.
On appeal, Hall first challenges the district courts
denial of his motions for appointment of counsel.
Pursuant to
28
request
U.S.C.
attorney
1915(e)(1)
to
represent
(2006),
any
[t]he
person
court
unable
to
may
afford
an
counsel.
814
F.2d
962,
966
(4th
Cir.
1987).
Miller v.
Exceptional
Whisenant v. Yuam,
739 F.2d 160, 163 (4th Cir. 1984) (citation omitted), abrogated
on other grounds by Mallard v. U.S. Dist. Ct., 490 U.S. 296, 298
(1989)
(holding
that
28
U.S.C.
1915
motion
discretion.
to
appoint
counsel
does
not
authorize
reviewed
for
abuse
of
II.
Hall
summary
also
judgment
challenges
in
the
Holtzmans
district
favor
and
courts
its
grant
denial
of
of
his
Hall alleges
that the district court could not have assessed the seriousness
of
his
medical
condition
contain a diagnosis.
because
his
medical
records
do
not
Cir. 2008).
some alleged factual dispute between the parties will not defeat
an otherwise properly supported motion for summary judgment.
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986).
The
Due
Process
Clause
of
the
Fourteenth
Amendment
detainees
under
are
the
entitled
Fourteenth
to
at
Amendment
Amendments
deliberate
as
the
are
same
convicted
least
However,
indifference
standard
of
Id.
infliction
of
pain,
which
includes
deliberate
Estelle v.
Gamble, 429 U.S. 97, 104 (1976) (internal quotation marks and
citation omitted).
. .
claim,
prisoner
objectively
the
sufficiently
serious,
must
deprivation
and
prove
of
(2)
two
elements:
that
basic
human
subjectively
(1)
that
need
was
the
prison
by
is
serious
satisfied
prison officials.
medical
by
Id.
condition,
showing
while
deliberate
the
second
indifference
by
symptoms
of
could
influenzal
pneumonia
have
viral
[any]
been
indicative
pneumonia,
of
which
aids,
may
or
have
small
pox,
secondary
resulted
in
primary
bacterial
death
from
the
medical
records
that
issue
of
material
condition
had
progressed
fact.
532
Emmett,
F.3d
at
297.
and
materials
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED