Dist. Ct. erred in granting defendants-prison officials’ motion for summary judgment in plaintiff-decedent prisoner’s section 1983 action, alleging that defendants were deliberately indifferent to plaintiff’s medical needs when plaintiff died of methadone overdose while in custody. Record showed that: (1) defendant (prison guard), when unsuccessfully attempting to wake plaintiff from his bed, became concerned that plaintiff was breathing irregularly; (2) said defendant then ignored plaintiff’s cell-mate who indicated that something was seriously wrong with plaintiff; and (3) said defendant notified others that decedent presented obvious symptoms of serious medical condition, and yet defendants did nothing to act on said concerns when reasonable officer would have had duty to seek medical attention. Fact that defendants claimed that cell-mate told them that plaintiff always slept with irregular breathing did not require different result where said testimony only created material fact for jury resolution.
Federal 7th Circuit Court
Civil Court
Prisoners