Harrison v. Chez

Gerald Harrison, confined at the Indiana Reformatory, reported to the infirmary with complaints of stomach pains. The staff on duty that day told him that nothing was wrong and sent him away. He returned with greater pain later that afternoon and was dispatched to a hospital, where surgeons operated for a perforated ulcer, informing him that any additional delay have been fatal. (So Harrisons complaint asserts, and we must accept its allegations subject to the usual caveat.) He believes that the persons on duty when he first complained about the pain violated his rights under the eighth amendment by sending him away without assistance. See Estelle v. Gamble, 429 U.S. 97, 50 L. Ed. 2d 251, 97 S. Ct. 285 (1976). The district court disagreed, found the claim frivolous, denied Harrison leave to proceed in forma pauperis, 28 U.S.C. § 1915, and dismissed the complaint with prejudice.