Dist. Ct. did not err in granting defendant’s motion for summary judgment in plaintiff’s section 1983 action alleging that defendant-prison medical provider’s failure to implement particular Indiana Dept. of Correction’s Health Care Service Directive violated plaintiff-prisoner’s Eighth Amendment rights. Record showed that plaintiff died in prison from complications arising out of his laryngeal cancer, and although plaintiff claimed that defendant’s failure to adopt said Directive played role in his death, plaintiff could not establish any Monell claim against defendant where, although plaintiff may have presented some evidence that defendant’s employees were deliberately indifferent to his medical needs, plaintiff failed to present any evidence of defendant’s medical treatment with respect to any other inmate, so as to establish that defendant’s lack of policy caused any constitutional violation. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Section 1983 Action