King v. Kramer

Federal 7th Circuit Court
Civil Court
Section 1983 Actions
Case Number: 
No. 13-2379
Decision Date: 
August 14, 2014
Federal District: 
W.D. Wisc.
Reversed and remanded
Plaintiff-decedent’s estate was entitled to new trial in section 1983 action, alleging that defendants-prison officials denied decedent-pre-trial detainee appropriate medical treatment when defendants 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 “deliberate 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 deliberative 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.