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Civil Rights — deliberate indifference — respondeat superior

By: WISCONSIN LAW JOURNAL STAFF//March 13, 2014//

Civil Rights — deliberate indifference — respondeat superior

By: WISCONSIN LAW JOURNAL STAFF//March 13, 2014//

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U.S. Court of Appeals for the Seventh Circuit

Civil

Civil Rights — deliberate indifference — respondeat superior

Liability for deliberate indifference cannot be imposed on a private corporation providing medical services to prisoners.

“[W]e have considered the possibility of circulating an opinion overruling Iskander and its progeny on this point for consideration by the entire court under Circuit Rule 40(e). Since Shields has not asked us to overrule those cases and Wexford has not had occasion to brief the issue, we have decided not to take that approach. A petition for rehearing en banc would provide an opportunity for both sides to be heard on this issue, and our decision is of course subject to review on certiorari. For now, this circuit’s case law still extends Monell from municipalities to private corporations. Iskander, 690 F.2d at 128; Gayton, 593 F.3d at 622; Rodriguez, 577 F.3d at 822. To recover against Wexford under our current precedent, Shields must offer evidence that his injury was caused by a Wexford policy, custom, or practice of deliberate indifference to medical needs, or a series of bad acts that together raise the inference of such a policy. Woodward, 368 F.3d at 927.”

Affirmed.

12-2746 and 13-1143 Shields v. IDOC

 

Appeals from the United States District Court for the Northern District of Illinois, Guzman, J., Hamilton, J.

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