Ortiz v. The City of Chicago

Federal 7th Circuit Court
Civil Court
Prisoners
Citation
Case Number: 
No. 10-1775
Decision Date: 
August 25, 2011
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed and reversed in part and remanded
Dist. Ct. erred in granting defendants-prison officials’ motion for summary judgment in section 1983 action alleging that defendants denied plaintiff-prisoner’s medical care for diabetes and thyroid condition that eventually led to her death approximately 24 hours after her arrest. Record showed that: (1) defendants had internal policy that precluded them from giving new arrestees medication while in initial lockup unless they had gone to hospital; (2) plaintiff’s lawyer, as well as plaintiff’s relatives alerted defendants as to plaintiff’s need for medical attention and medications; and (3) plaintiff requested doctor and called for her medications shortly before her death. Fact that defendants may not have known of precise cause of plaintiff’s condition did not require different result where record contained enough evidence to show that defendants should have reasonably known that plaintiff needed medical care. Moreover, Dist. Ct. erred in excluding plaintiff’s expert witness who gave opinion as to cause of death where said expert was qualified to render opinion and based said opinion on plaintiff’s medical and legal records.