Dist. Ct. erred in granting defendant-prison doctor’s motion for summary judgment in plaintiff-prisoner’s section 1983 action alleging that defendant was deliberately indifferent to persistent pain in plaintiff's colon. Record showed existence of triable issue as to whether defendant was deliberately indifferent to plaintiff’s serious medical condition, where, according to plaintiff, defendant continued with knowingly ineffective treatment for plaintiff’s colon pain for more than six months and delayed for three-month period referral of plaintiff to outside specialist, who performed colorectal exam that revealed source of plaintiff’s pain and performed subsequent surgery that alleviated plaintiff’s pain. Dist. Ct. did not err in granting defendant-consulting prison doctor’s summary judgment motion, where plaintiff failed to show that said defendant was aware of plaintiff’s suffering or his persistent complaints and requests for new course of treatment.
Federal 7th Circuit Court
Civil Court
Prisoners