Petties v. Carter

Dist. Ct. did not err in granting defendants-prison doctors’ motion for summary judgment in plaintiff-prisoner’s section 1983 action alleging that defendants were deliberately indifferent to plaintiff’s medical needs by failing to provide adequate care for his torn Achilles tendon. While plaintiff argued that one defendant was deliberately indifferent by failing to immobilize his ankle with boot immediately after his injury, and that second defendant was deliberately indifferent when he did not order physical therapy despite recommendation for such therapy from another physician, any delay in waiting to give plaintiff boot did not constitute indifference, where: (1) plaintiff was given other measures to immobilize his ankle at same time; (2) defendants presented testimony that torn Achilles tendon would probably heal without boot. Moreover, failure to order physical therapy was not so contrary to accepted professional standards, where plaintiff had already received full range of motion in ankle as result of existing treatment at time physical therapy had been recommended. (Dissent filed.)