Dist. Ct. did not err in granting defendants’ (prison doctor and prison medical provider) motion for summary judgment in section 1983 action alleging that defendants were deliberately indifferent to plaintiff-prisoner’s medical needs for two-month period of time when plaintiff’s rare form of non-Hodgkin’s lymphoma went undetected. Record failed to show that prison doctor’s chosen course of treatment, which began with antibiotics, was substantial departure from accepted medical judgment. Moreover, plaintiff failed to show that doctor knew that treatment with additional antibiotics would be ineffectual, but still persisted with said treatment anyway. Also, plaintiff failed to establish Monell claim against prison medical provider, where: (1) plaintiff failed to present evidence to support claim that prison doctor was final policymaker for medical provider; and (2) plaintiff failed to show that prison doctor was individually responsible for any deliberate indifference to his medical needs. (Partial Dissent filed.)
Federal 7th Circuit Court
Civil Court
Prisoners