Dist. Ct. did not err in granting defendants-prison medical officials’ motion for summary judgment in plaintiff-prisoner’s section 1983 action, alleging that defendants were deliberately indifferent to plaintiff’s serious medical needs, where defendants failed to refer plaintiff for surgery to repair his hernia. Record showed that over period of several years, plaintiff’s hernia either was not detectable or, when detected, it was always small and reducible. Moreover, plaintiff could not show defendants’ deliberate indifference, where defendants prescribed over-the-counter pain medication and abdominal binders to manage plaintiff’s symptoms. Also, plaintiff’s medical expert did not have any criticism with respect to defendants’ treatment of plaintiff’s hernia, and evidence did not show that defendants persisted in treatment that they knew would be ineffective. Too, fact that plaintiff disagreed with defendants’ course of treatment did not establish his deliberate indifference claim.
Federal 7th Circuit Court
Civil Court
Prisoners