King v. Kramer

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Citation
Case Number: 
No. 13-2379
Decision Date: 
July 10, 2014
Federal District: 
W.D. Wisc.
Holding: 
Reversed and remanded
Plaintiff-decedent’s estate was entitled to new trial on section 1983 action alleging that defendants-prison officials denied decedent-pre-trial detainee appropriate medical treatment when they rapidly tapered off his psychotropic medication, which resulted in his death, where Dist. Ct. denied plaintiff’s request for jury instruction that described applicable standard of conduct in instant 4th Amendment claim as “objective reasonableness” rather than “deliberative indifference” standard that plaintiff had advocated up until six weeks prior to trial. Plaintiff’s proposed instruction constituted correct statement of law, and Dist. Ct. erred in using deliberate indifference standard under misguided belief that plaintiff had “waived” right to use correct standard because she had failed to promptly notify Dist. Ct. and defendant of applicable standard of conduct. Moreover, plaintiff’s late shift to correct standard of conduct would not have been prejudicial to defendant’s preparation for trial.