Dist. Ct. did not err in granting defendants-Sheriff and County’s motion for summary judgment in plaintiff-pre-trial detainee’s section 1983 action, alleging that defendant’s practice of ignoring medically necessary lower bunk prescriptions violated his 8th amendment rights, where: (1) plaintiff had such prescription to accommodate his medical condition; (2) defendant nevertheless placed plaintiff in upper bunk bed; and (3) plaintiff subsequently fell off upper bunk bed and injured himself. Plaintiff needed to establish that his injuries arose out of execution of defendant’s policy or custom, and plaintiff failed to establish existence of said policy or custom, where plaintiff could only cite to three to five similar incidents over seven-year period, where inmate who had lower bunk prescription incurred injuries after being placed in upper bunk bed.
Federal 7th Circuit Court
Civil Court
Prisoners