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Federal judge declines again to order hip replacement surgery for Kentucky death row inmate


LEXINGTON, Kentucky — A federal judge has declined to change a decision denying a Kentucky death row inmate state-provided hip replacement surgery.

Court records indicate 58-year-old Robert C. Foley has severe degenerative arthritis in his right hip. His attorneys said in a court filing that Foley has fallen several times and was knocked unconscious once.

The Lexington Herald-Leader ( ) said U.S. Magistrate Judge Edward B. Atkins declined to change his earlier decision in an order filed this week.

The operation could cost more than $50,000. Defense attorneys sued in 2012, seeking to have the state ordered to get the operation. Lawyers said without the surgery, Foley's right to be free from cruel punishment was being violated. But Atkins ruled the state had made efforts and hadn't violated Foley's Rights.

One of Foley's lawyers said no decision has been made on whether to appeal.

Information from: Lexington Herald-Leader,

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