Dist. Ct. erred in granting motion for summary judgment filed by defendants-prison dentist and guard in section 1983 action alleging that defendants were deliberately indifferent to plaintiff-prisoner’s medical needs by waiting 16 days to treat plaintiff’s abscessed tooth that eventually resulted in removal of said tooth. Medical professional cannot merely fail to take action, where said professional had knowledge of both instant serious condition that had potential deadly consequence if left untreated, as well as plaintiff's complaints of pain. Moreover, defendant-guard, who was also aware of plaintiff’s condition, had duty to assist plaintiff in obtaining treatment in light of knowledge that no medical professional was actually treating plaintiff for his serious medical condition. Also, defendant-dentist failed to provide any reason to support instant 16-day delay in treating plaintiff.
Federal 7th Circuit Court
Civil Court
Prisoners