Dist. Ct. erred in granting defendant-prison doctor's motion for summary judgment in plaintiff-prisoner's section 1983 action, alleging that defendants-prison doctor and others violated his 8th Amendment rights by delaying medical treatment of his broken hand. Plaintiff presented evidence that defendant did not respond for 6 and 10 months to his requests for low-bunk permit to accommodate pain he experienced in broken hand, and defendant only began to process said request until after he saw plaintiff on unrelated medical matter. Also, material question of fact existed as to whether defendant acted with deliberate indifference by delaying plaintiff's referral to orthopedic specialist, which, in turn, caused plaintiff to experience nerve damage and prolonged pain. However, Dist. Ct. properly granted summary judgment to two other defendants (second prison doctor and entity employing prison doctors), where: (1) record showed that said doctor promptly renewed plaintiff's request for low-bunk permit and continued prescriptions for plaintiff's prostate condition; and (2) plaintiff failed to present evidence that said entity had custom or policy to explain either instant delays in treatment or lack of coordinated care.
Federal 7th Circuit Court
Civil Court
Prisoners