Yu Kikumura v. Osagie
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
A later, nonprecedential Tenth Circuit order also found that Kikumura's delayed physical care ruling did not clearly establish a right to further therapeutic treatment. The two confirmed treatments are listed below; later courts continue to apply Kikumura's other rulings on prison grievances and medical care.
56 later cases cite Yu Kikumura v. Osagie; 56 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Yu Kikumura v. Osagie?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
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Kikumura's use of the former “no set of facts” pleading standard gave way to Twombly's requirement for a plausible claim.
Robbins ex rel. Robbins v. Oklahoma ex rel. Department of Human Services · Tenth Circuit · filed
At the time when the district court denied the motion to dismiss, this and other courts generally embraced a liberal construction of the pleading requirement, derived from Conley v. Gibson: “a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” 355 U.S. 41, 45-46 (1957) (emphasis added); see, e.g. Kikumura v. Osagie, 461 F.3d 1269, 1294 (10th Cir. 2006). ... Just two months after the district court decision, however, the Supreme Court handed down Bell Atlantic Corp. v. Twombly, rejecting the “no set of facts” language of Conley and announcing a new (or clarified) standard: to withstand a motion to dismiss, a complaint must contain enough allegations of fact “to state a claim to relief that is plausible on its face.” 127 S. Ct. 1955, 1974 (2007).
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Limited
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Kikumura's ruling about delayed treatment for acute physical distress did not clearly establish a right to additional therapeutic treatment for a prisoner already receiving psychiatric care.
Encinias v. New Mexico Corrections Department · Tenth Circuit (nonprecedential order) · filed
First, none of the Tenth Circuit decisions cited by Plaintiff addressed a failure by prison officials to facilitate therapeutic treatment. ... Kikumura v. Osagie, 461 F.3d 1269, ... (10th Cir. 2006) (claim involving delay in treating detainee suffering severe pain and vomiting) (overruled on other grounds by Twombly, 550 U.S. 544 as explained in Robbins, 519 F.3d at 1246-47; Sealock, 218 F.3d at 1208, 1211 (claim involving failure to treat a heart attack); Crowson v. Washington Cnty., 983 F.3d 1166, 1173 (10th Cir. 2020) (claim involving failure to treat severe metabolic condition, and decided after Defendants’ alleged conduct here); Oxendine v. Kaplan, 241 F.3d 1272, 1274 (10th Cir. 2001) (claim involving inadequate care in re-attaching detainee’s severed fingertip).
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