Antoine J. Mayfield, Jr. v. Walter E. Craven, Warden

Appellant filed suit in district court for damages under the Civil Rights Act, alleging that he had been subjected to cruel and unusual punishment by the failure of prison medical authorities to afford proper medical treatment. Relying on Stiltner v. Rhay, 371 F.2d 420 (9th Cir. 1967), the district court dismissed the complaint for failure to state a claim for which relief could be granted.

Appellant suffered serious facial bone fractures while playing basketball in the Folsom prison yard. The complaint disclosed that appellant was immediately admitted to the prison hospital and received diagnosis and treatment by prison medical authorities. This treatment included consulation with an outside specialist who eventually performed surgery on appellant eleven days after the injury occurred.

The complaint alleged that prison medical authorities were negligent in not performing the operation sooner, and that this delay prevented the surgery from being completely successful, with resulting permanent disfigurement.

While it is clear that a refusal to permit medical treatment may, in certain circumstances, be actionable under the Civil Rights Act, Riley v. Rhay, 407 F.2d 496 (9th Cir.…