T. Mark Maclin v. Dr. William Hobbs, et al, No. 12-12678 (11th Cir. 2013)

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Case: 12-12678 Date Filed: 05/23/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-12678 ________________________ D. C. Docket No. 5:10-cv-00137-CLS T. MARK MACLIN, as Administrator ad Litem of the Estate of David Smith, Plaintiff-Appellant, versus DR. WILLIAM HOBBS, J. GALBREATH, RN, CORRECTIONAL MEDICAL SERVICES, INC., Defendants-Appellees. ________________________ Appeal from the United States District Court for the Northern District of Alabama _________________________ (May 23, 2013) Before HULL and ANDERSON, Circuit Judges, and SCHLESINGER,* District Judge. * Honorable Harvey E. Schlesinger, United States District Judge for the Middle District of Florida, sitting by designation. Case: 12-12678 Date Filed: 05/23/2013 Page: 2 of 2 PER CURIAM: For the reasons fully discussed at oral argument, we conclude that Plaintiff adduced ample evidence to create genuine issues of fact with respect to both prongs of Plaintiff s claim both the knowledge prong and the deliberate indifference prong. Accordingly, the judgment of the district court is reversed and this case is remanded for trial. REVERSED AND REMANDED. 2

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