Chatham v. Davis

Dist. Ct. did not err in granting defendants-prison warden and prison medical provider’s motion for summary judgment in section 1983 action alleging that defendants were deliberately indifferent to plaintiff-prisoner’s medical needs, where plaintiff died after suffering asthma attack while he was in solitary confinement in prison. While plaintiff’s estate alleged that defendant-warden was deliberately indifferent by failing to install emergency buttons in segregation unit that caused delay in plaintiff receiving treatment and by failing to ensure that position of permanent medical director was filled by medical provider, plaintiff failed to provide evidence that warden had actual knowledge of specific facts that would support inference that absence of emergency call buttons created substantial risk of harm. Fact that such buttons were installed in other parts of prison did not require different result. Plaintiff also failed to show that lack of permanent medical director had any effect on inmate health and safety. Moreover, plaintiff could not proceed on instant Monell action against medical provider for failing to properly train one of its nurses on 911 protocol, where plaintiff failed to show that: (1) said failure produced multiple injuries; and (2) lack of asthma-specific 911 training created substantial risk of harm, and that medical provider knew of such risk.