Heard v. Tilden

Federal 7th Circuit Court
Civil Court
Prisoners
Citation
Case Number: 
No. 15-1732
Decision Date: 
January 11, 2016
Federal District: 
C.D. Ill.
Holding: 
Affirmed and vacated in part and remanded

Dist. Ct. erred in granting defendants-prison officials’ motion for summary judgment in section 1983 action filed by plaintiff-prisoner alleging that defendant violated his 8th Amendment rights by delaying surgery on his injured hernia. While Dist. Ct. believed that language in 2012 settlement that released instant defendants from “any and all actions” resulting from incidents involving plaintiff while he was incarcerated precluded plaintiff from bringing instant claim that arose out of 2013 delayed surgery on his hernia, instant settlement contained references to plaintiff’s 2006 and 2009 lawsuits against defendants that effectively limited scope of release so as to not preclude plaintiff from bringing instant lawsuit. Moreover, while plaintiff may have known by date of 2012 settlement about need for surgery that formed basis of instant 2013 lawsuit, record did not indicate that both plaintiff and defendants had anticipated by date of settlement that defendant would intentionally delay surgery so as to bring instant lawsuit within scope of settlement. Ct. also rejected defendants' contention that instant lawsuit was barred under either res judicata or collateral estoppel doctrines arising out of 2012 settlement.