Dixon v. County of Cook

Dist. Ct. erred in dismissing for failure to state cause of action as to some defendants (prison officials) and granting motion for summary judgment by defendant (County) in section 1983 action by plaintiff-pre-trial detainee, alleging that defendants were deliberately indifferent to his medical needs by waiting up to 26 days to provide him with palliative care for his cancerous tumor that eventually resulted in his death. Record contained genuine issue of material fact with respect to plaintiff’s claim against defendant-County, where: (1) basis of claim was that County had medical records policy that created barriers to individuals obtaining information about inmate patients from paper and electronic medical records; (2) prior Dept. of Justice report indicated that Cook County medical care policies for detainees were inadequate and were likely to cause serious injuries to inmates; and (3) high level official had not implemented policy changes to correct such inadequacies by time of plaintiff’s death. Also, plaintiff stated viable cause of action against individual defendants, where amended complaint alleged that said individuals essentially were aware of defendant’s serious condition and either provided no follow-up care or offered only non-prescription pain medication.