Dist. Ct. erred in granting defendants-prison medical officials’ motion for summary judgment in plaintiff-prisoner’s section 1983 action alleging that defendants were deliberately indifferent to his rupture of his Achilles tendon injury by, among other things, failing to immobilize his foot for 6-week period. Record showed that one defendant was aware of medical necessity to immobilize foot to treat ruptured Achilles tendon and yet failed to order available splint for plaintiff’s foot. As such, genuine issue arose as to whether said defendant’s failure to immobilize foot was non-actionable negligent oversight or was actionable conscious decision to impede plaintiff’s recovery and to prolong his pain. Ct. similarly found existence of triable issue as to whether second defendant’s decision to not order physical therapy in favor of his direction to have plaintiff walk on injured foot amounted to deliberate indifference of plaintiff’s medical condition, where there was no medical evidence to support such direction. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Prisoners