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WILKIE v. STATE

No. 1 CA-CV 88-234.

161 Ariz. 541 (1989)

779 P.2d 1280

Larry W. WILKIE, Plaintiff-Appellant, v. STATE of Arizona; Department of Corrections, a division thereof; James R. Upchurch; John Doe Frazier; Joseph Scalzo; Rita Bareface; Kelly Spencer, Warden; Sharon M. Burr; Brian Mathias; CSO John Doe Rillamas; Sgt. John Doe Hicks; John Doe I through V; Lt. Thomas Brown; Peg Ritchie, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied October 6, 1989.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Judith E. Abramsohn, Asst. Atty. Gen., Phoenix, for defendants-appellees.

Michael E. St. George, Tempe, for plaintiff-appellant.

OPINION

JACOBSON, Presiding Judge.

Plaintiff/Appellant Larry W. Wilkie, a former prisoner at the Arizona State Prison, brought suit based upon various causes of action against the state arising out of his treatment or lack of treatment of a medical condition while in prison. The basic issues on appeal are whether the trial court properly dismissed his § 1983 action (based upon 42 U.S.C. § 1983) and his claims of negligence and breach of statutory...

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