Davis v. Kayira

Dist. Ct. did not err in granting defendant-prison doctor’s motion for summary judgment in plaintiff-prisoner’s section 1983 action alleging that defendant was deliberately indifferent to plaintiff’s medical needs by failing to treat stroke that occurred during weekend when defendant was on call. Record showed that defendant had previously undergone treatment for kidney dialysis and had reported symptoms of asymmetrical grip strength and facial droop that were both stroke symptoms and side effects of said dialysis. Moreover, defendant, after being told of said symptoms, was also told by prison nurse that plaintiff did not have stroke. Thereafter, defendant instructed nurse to inform him during weekend if plaintiff’s symptoms got worse, and record did not indicate that defendant was ever told of plaintiff’s deteriorating symptoms during weekend until defendant examined plaintiff on following Monday. As such, plaintiff could not prevail on instant 8^th Amendment claim, where there was no evidence that: (1) information relayed to defendant would have led minimally competent doctor to conclude that plaintiff was at risk of stroke, as opposed to side effects of dialysis; (2) defendant actually believed that plaintiff was victim of stroke when first told of his symptoms and then failed to take appropriate measures to address said belief.