10/24/2007 4:09 PM ET

WILMINGTON, Del. (AP)- Delaware's highest court has reinstated a lawsuit filed by a state prison inmate who claims correction officials denied him needed medical treatment.

The Delaware Supreme Court overruled Superior Court Judge Mary Miller Johnston, who dismissed the case on grounds that the case was factually and legally frivolous. The Supreme Court ruled the dismissal was an abuse of Johnston's discretion.

Kenneth Deputy says a doctor told him his torn rotator cuff would require surgery but he claims alleges state correction officials denied the request for surgery and gave him cortisone injections instead.

Deputy was convicted of assault and weapon charged and is serving a 20-year-term.