8th Amendment & 14th Amendment Violation

Listen to this article

7^TH Circuit Court of Appeals

Case Name: Lula Dixon v. County of Cook, et al

Case No.: 13-3634

Officials: WOOD, Chief Judge, and BAUER and SYKES, Circuit Judges.

Focus: 8^th Amendment & 14^th Amendment Violation

Appellant case brought on behalf of inmate that died from inattention of prison medical staff improperly dismissed.

“The amended complaint alleged that Dr. Bonaparte knew about Dixon’s chest tumor no later than December 31, 2008, and yet she offered him only non-prescription pain medication, discharged him from the jail’s hospital, ordered a psychiatric consult to determine if he was malingering, and ordered that his wheelchair be removed upon his arrival back at the regular jail. A jury could find, based on these facts, that her behavior was “so plainly inappropriate as to permit the inference that [she] intentionally or recklessly disregarded his needs.” Hayes v. Snyder, 546 F.3d 516, 524 (7th Cir. 2008). It might also draw the opposite inference, if it thought that she was unable to learn about the results of Dixon’s earlier tests through no fault of her own. Dixon’s claim is not, however, defeated by the possibility that the most Dr. Bonaparte might have been able to do differently was to provide Dixon with six additional days of palliative care (from December 31 through January 5 when he was transferred to Stroger Hospital). Six days of intense pain cannot be considered to be de minimis for Eighth Amendment purposes. Furthermore, a plaintiff can state a claim of deliberate indifference even if he has a condition that may not be curable. Williams v. Liefer, 491 F.3d 710, 716 (7th Cir. 2007).”

Reversed and Remanded

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.