Racial and Ethnic Minorities and the Law Newsletter
The newsletter of the ISBA’s Standing Committee on Racial and Ethnic Minorities and the Law

November 2012, vol. 23, no. 1

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In This Issue…

Related Court Cases

Prisoners
Diggs v. Ghosh

Dist. Ct. erred in granting defendants-prison doctors’ motion for summary judgment in plaintiff-prisoner’s section 1983 action alleging that defendants were deliberately indifferent to his full tear in anterior cruciate ligament in his knee, under circumstances where said tear had been diagnosed in 2009, and where plaintiff was still waiting for surgery on said knee in 2014, when he filed instant lawsuit. While Dist. Ct. found that defendants’ prescribed treatment calling for pain medication, some physical therapy and various permits to alleviate stress to knee was adequate, Dist. Ct. ignored key evidence that would allow jury to find that defendants: (1) failed to follow outside medical advice on treatment for plaintiff’s knee and did nothing to assist plaintiff after noting that his knee condition had regressed; (2) ignored plaintiff’s claims that he had been approved for surgery; and (3) either failed to recommend any treatment for plaintiff or ignored plaintiff’s condition for long periods of time. Dist. Ct. also erred in granting defendant-warden’s summary judgment motion where plaintiff claimed that warden repeatedly took no action on plaintiff’s complaints concerning his knee.

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