Johnson v. Rimmer

Dist. Ct. did not err in granting defendants-medical personnel’s motion for summary judgment in section 1983 action filed by plaintiff-patient in County medical facility, where plaintiff alleged that defendants violated his substantive due process rights by providing constitutionally inadequate medical care, including taking him off 1 to 1 observation that had been in place to control his severe mental problems, and by placing scissors in his room that allowed him to self-mutilate himself. Record showed that removing plaintiff from 1 to 1 observation was matter of professional judgment that was supported by other medical personnel and was insufficient to establish viable section 1983 action. Moreover, although Constitution imposes on State affirmative duty of care and protection to certain individuals, plaintiff failed to show that medical decisions made by defendants were substantial departures from accepted professional judgment, especially where plaintiff underwent frequent mental assessments, and where defendants had perception that plaintiff’s mental state had improved at time of removal of 1 to 1 observation. Also, plaintiff failed to establish who had left scissors in his hospital room.