Holloway v. Delaware County Sheriff

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Case Number: 
No. 12-2592
Decision Date: 
November 20, 2012
Federal District: 
S.D. Ind., Indianapolis Div.
Dist. Ct. did not err in granting motion for summary judgment filed by defendants-prison officials and medical personnel in section 1983 action alleging that defendants violated plaintiff-pre-trial detainee’s constitutional rights by detaining him for nine days after his arrest without formal charges being filed against him and by being deliberately indifferent to his medical needs by refusing to give him Oxycontin for his pain (that had been previously given to him by his physician) and substituting other non-narcotic pain medications. Record showed that defendant had probable cause hearing within 24 hours of his arrest and had initial hearing within three days of his arrest. Moreover, plaintiff could not establish constitutional violation where defendants released plaintiff on ninth day pursuant to terms of court order. Also, plaintiff failed to establish viable 8th Amendment violation where plaintiff failed to show that prison doctor’s switch of medication was substantial departure from accepted professional medical standards.