Antelope v. United States, et al, No. 11-1217 (10th Cir. 2011)
Annotate this CaseFederal prisoner Plaintiff David Earl Antelope appealed the dismissal of his claims against the United States as well as the warden and three employees of the federal prison in Florence, Colorado, alleging failure to provide medical care in violation of the Eighth Amendment. He sought damages from the individuals and injunctive relief against the United States. Plaintiff filed his complaint under "Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics," (403 U.S. 388 (1971)) against the warden and three medical providers at the prison. The complaint alleged defects in the treatment he had received for his documented mental illness, and it requested compensatory and punitive damages, transfer to a suitable medical facility, and an injunction ordering necessary medical treatment. The district court found that none of the prison officials' alleged failures could support an Eighth Amendment claim. On appeal Plaintiff argued that the district court should not have granted the motion to dismiss because "[t]he Eleventh Amendment does not bar suit against the defendant[s] in their individual and official capacities." And he argued that summary judgment was improper because there was a genuine issue of material fact whether Defendants were deliberately indifferent to his medical needs. Upon review, the Tenth Circuit substantially agreed with the district court's reasoning in dismissing Plaintiff's claims.
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