Dist. Ct. erred in granting defendant-prison medical provider’s motion for summary judgment in section 1983 action by plaintiff-estate of deceased prisoner, alleging that defendant violated prisoner’s 8th Amendment rights when prisoner died 37 days after he was initially incarcerated due to lack of medical care from defendant. Record showed that plaintiff suffered from serious medical conditions, including cancer, difficulty in swallowing, severe curvature of his spine, kidney disease and trouble walking, and record contained triable issue as to whether defendant’s failure to have policy in place to ensure that someone was responsible for coordinating plaintiff’s overall care violated his 8th Amendment rights. Ct. further noted that defendant failed to generate medical treatment plan so that different members of prison’s medical staff could check plaintiff’s progress to detect problems in his oxygen and food intake, as well as his chronic renal disease. Dissent in case would affirm Dist. Ct.’s granting of summary judgment on ground that plaintiff failed to present evidence that defendant was deliberately indifferent to known risk that its policy (or lack of policy) would likely lead to constitutional violation, or that any lack of policy in plaintiff’s case was causation of his death.
Federal 7th Circuit Court
Civil Court
Prisoners