WILLA DEAN HOWELL, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF VAN HOWELL, LISA HOWELL, THROUGH HER NATURAL GUARDIAN AND NEXT FRIEND WILLA DEAN HOWELL, AND LORI MILLER, PLAINTIFFS-APPELLEES,
v.
DAVID C. EVANS, ETC., COMMISSIONER, DEPT. OF CORRECTIONS, ET AL., DEFENDANTS, EDWARD M. MENDOZA, M.D., CORRECTIONAL MEDICAL SYSTEMS, INC. AND CHARLES BURDEN, INDIVIDUALLY AND AS SUPERINTENDENT OF AUGUSTA CORRECTIONAL AND MEDICAL INSTITUTION, DEFENDANTS-APPELLANTS

11th Cir. | 1991-04-29
No. 89-8455
Before KRAVITCH and ANDERSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.
931 F.2d 711 Court of Appeals for the Eleventh Circuit (1991) Caution
Cited by 26 cases

Opinion of the Court

[*712] BY THE COURT:

Appellees’ motion to withdraw the petition for rehearing and suggestion for rehearing en banc is GRANTED. As the case has settled, the opinion at 922 F. 2d 712 is vacated, the judgment of the district court is vacated and the case is remanded to the district court with direction that the case be dismissed.

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Cited By (14 total)

  • Marsh v. Butler Cnty., 268 F.3d 1014 (11th Cir. 2001)
    …early established that "intentional interference with prescribed” treatment amounts to a constitutional violation. See Young v. City of Augusta, 59 F. 3d 1160, 1169 (11th Cir.1995); Howellv. Evans, 922 F. 2d 712 (11th Cir.1991), vacated as settled, 931 F. 2d 711, reinstated, by unpublished order (11th Cir. June 24, 1991); Washington v. Dugger, 860 F. 2d 1018, 1021 (11th Cir.1988); Aldridge v. Montgomery, 753 F. 2d 970, 972 (11th Cir.1985). But, in each of these cases the facts were materially different fro…
    1 / 2
  • Adams v. Poag, 61 F.3d 1537 (11th Cir. 1995)
    …ams’s asthma violated a clear and specific standard and that similarly situated reasonable health care providers would have known that their actions violated Adams’s constitutional right. Howell v. Evans, 922 F. 2d 712, 719 (11th Cir.1991), vacated, 931 F. 2d 711 (11th Cir.1991), reinstated by unpublished order (June 24, 1991), cited in Howell v. Burden, 12 F. 3d 190, 191 n. * (11th Cir.1994). In a medical treatment case, a plaintiff may demonstrate the existence of a clearly established medical standard e…
  • Jordan v. DOE, 38 F.3d 1559 (11th Cir. 1994)
    …es have directed us to the affidavits and documents submitted by the parties to "flesh out” Jordan's claims. . Moreover, the continuing validity of Riley is doubtful, see Howell v. Evans, 922 F. 2d 712, 717-18 (11th Cir.), vacated after settlement, 931 F. 2d 711, 712 (11th Cir.1991), particularly in light of the Supreme Court's subsequent emphasis that qualified immunity "ordinarily should be decided by the court long before trial.” Hunter, 502 U.S. at-, 112 S.Ct. at 537.…

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