Published opinions from 2004. The case name opens the case page.
December 7, 2004390 F.3d 890
The court held that an inmate need not provide verifying medical evidence of worsening when his need for care was obvious to a layperson and officials delayed treatment beyond a reasonable time.
December 1, 2004391 F.3d 710
The court held that a district court may not recharacterize a pro se filing as a § 2254 petition without notice and an opportunity to withdraw it, because the recharacterization may affect the prisoner’s ability to file a later habeas petition.
August 2, 2004378 F.3d 541
The court vacated the district court’s judgment because the ALJ failed to give good reasons for rejecting the treating physician’s opinion, as required by the agency’s regulation, and that procedural violation was not harmless on this record.
The court held that it had interlocutory jurisdiction to review the denial of Sheriff Leis’s qualified-immunity motion because the district court’s refusal to decide the motion conclusively denied immunity from suit, and Summers had not adequately justified further discovery.