Preston Broughton v. Cutter Laboratories Hospital Staff of Arizona State Prison Dr. Clements Dr. Hyde

This is an appeal from the summary dismissal of a pro se complaint seeking damages and injunctive relief pursuant to 42 U.S.C. § 1983 .

The appellant, Preston Broughton, is a state prisoner. Appellant filed this civil rights action in district court, joining Cutter Laboratories and the Arizona State Prison Hospital staff as defendants and alleging that he had contracted infectious hepatitis while participating in Cutter Laboratories’ blood plasma purchasing program. Cutter, with the apparent consent and cooperation of the prison, bought blood plasma from the prisoners, including appellant. Appellant alleged in his complaint that he contracted hepatitis as a result of Cutter’s blood drawing procedures. Appellant further alleged that upon diagnosis of his disease he was admitted to the prison hospital for treatment, but that he received no medical care at all for the first six days after his admission. Appellant charges that this was entirely inadequate treatment.

On June 3, 1977, the district court granted Broughton’s request to proceed in forma pauperis but dismissed his complaint on the ground that “[t]he allegations of the complaint are not cognizable under the Civil Rights…