Dist. Ct. erred in granting defendant’s motion for summary judgment in plaintiff-prisoner’s section 1983 action alleging that defendant was deliberately indifferent to his leg condition, where plaintiff had scalded his leg after slipping in prison kitchen near pot of boiling water. Plaintiff testified that: (1) he told defendant-director of prison’s medical clinic that he still experienced numbness and pain in his leg, ankle and foot after receiving treatment for over six months; (2) he was willing to spend his own money for treatment from burn specialist; and (3) defendant refused to examine him, told him that “only God” could help him now, and threatened to write disciplinary report if plaintiff continued in his complaints about his leg. As such, plaintiff stated viable 8th Amendment claim, where: (1) plaintiff’s leg injury, which included potential nerve damage that could result in progressively worse pain and numbness, was sufficiently severe condition for purposes of 8th Amendment claim; and (2) plaintiff accused defendant of failing to either examine or treat said condition. Moreover, defendant could not threaten disciplinary action arising out of plaintiff’s attempt to seek treatment for his leg condition.
Federal 7th Circuit Court
Civil Court
Prisoners