McGowan v. Hulick

Federal 7th Circuit Court
Civil Court
Prisoners
Citation
Case Number: 
No. 09-2991
Decision Date: 
July 20, 2010
Federal District: 
S.D. Ill.
Holding: 
Vacated and remanded
Dist. Ct. erred in dismissing in its entirety plaintiff-prisoner's section 1983 action against defendants-prison officials alleging that defendants were deliberately indifferent to plaintiff's dental needs that resulted in botched extraction of molar and required eventual surgery to cure infection and close hole left by extraction. Dist. Ct. should not have dismissed plaintiff's claims against prison's dental director where said individual waited two months to approve treatment by oral surgery and others to correct severe side effects from extraction. Plaintiff's claim against prison dentist who performed initial extraction was properly dismissed since said allegations amounted to only negligence on part of said dentist.