Hildrie H. Tolbert v. Frank A. Eyman, Warden, Arizona State Prison

Appellant, Hildrie H. Tolbert, an Arizona state prisoner suing in propria persona for damages and equitable relief under the Civil Rights Act, 42 U.S.C. §§ 1981 , 1983, appeals from an order granting the motion of the appellee, Warden Frank Eyman, to dismiss under rule 12(b) (6), Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted.

Appellant’s complaint alleges that he is a diabetic. In 1963, he was diagnosed as suffering from diabetic retinopathy, a disease affecting the eye, and received treatment that substantially improved his vision. After his incarceration in 1967, he received insulin only once a day and one pill a day for high blood pressure. Tolbert alleges that he is now nearly blind and that his legs and feet are continually swollen. He informed a prison doctor of his ailments, but the doctor responded that “he would be the first man in medical history if he had the eye condition” of which he complained. Nevertheless, he and another doctor informed appellant that he could have the medication that he desired if he paid for it. Thereafter, appellant’s wife twice sent him the medicine, but prison authorities returned it to her…