Stockton v. Milwaukee County

Dist. Ct. did not err in granting defendants-jail personnel’s motion for summary judgment in plaintiff-inmate’s estate’s section 1983 action, alleging that: (1) defendants were deliberately indifferent to inmate’s heart condition that eventually led to his death; and (2) defendant-correctional officer used excessive force during incident that occurred within jail. When inmate presented himself to jail, he told personnel that he had history of intravenous drug abuse and had congenital heart defect. While plaintiff asserted that various jail personnel were deliberately indifferent to inmate’s medical needs by failing to diagnose his infective endocarditis condition that resulted in his death, plaintiff could not proceed on said claim, where: (1) symptoms that inmate presented to personnel were consistent with other ailments that inmate had reported to personnel; and (2) actions taken by two other defendants were taken after passing of date of last opportunity to save plaintiff’s life. Dist. Ct. erred, though, in granting defendant-correctional officer’s summary judgment motion on excessive force claim, where: (1) plaintiff had claimed that said defendant used excessive force when he purposely moved his legs while inmate was in medical distress and caused inmate to fall and hit his head on floor; and (2) jury could reasonably conclude that said defendant had maliciously allowed inmate to fall, while intending to cause inmate harm.