Cruel & Unusual Punishment

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7^th Circuit Court of Appeals

Case Name: Donald L. McDonald v. Marcus Hardy

Case No.: 15-1102

Officials: RIPPLE, WILLIAMS, and HAMILTON, Circuit Judges

Focus:  Cruel & Unusual Punishment

Warden not entitled to summary judgment on claim alleging 8^th amendment violation due to cancellation of appellant prescription diet

“Warden Hardy and Assistant Warden Edwards touch on, but have not developed, an argument concerning causation. See Flint v. City of Belvidere, 791 F.3d 764, 770 (7th Cir. 2015) (explaining that plaintiff alleging constitutional tort must Warden Hardy and Assistant Warden Edwards touch on, but have not developed, an argument concerning causation. See Flint v. City of Belvidere, 791 F.3d 764, 770 (7th Cir. 2015) (explaining that plaintiff alleging constitutional tort must show that defendant caused injury); Roe, 631 F.3d at 863–64. In their summary judgment motion, the defendants stated only that Mr. McDonald “can provide no evidence that his cholesterol level has been affected by not having a low cholesterol diet.” However, given the diagnosis of a serious medical condition and the interference by Warden Hardy and Assistant Warden Edwards with a physician’s assessment that a low-cholesterol diet was necessary in treating that condition, a jury reasonably could infer that Mr. McDonald was, and continues to be, harmed by the lack of a low-cholesterol diet. See Gayton, 593 F.3d at 624–25 (concluding that jury could infer causation from evidence of serious medical condition and requests for treatment that were ignored); Grieveson v. Anderson, 538 F.3d 763, 779 (7th Cir. 2008) (explaining that jury could infer that delay in providing treatment caused harm). The defendants made no effort to establish that Mr. McDonald’s level of total cholesterol remained steady after his prescription diet was taken away. Nor did they offer an expert’s opinion that Mr. McDonald could not have been harmed by the defendants’ actions. Accordingly, we must return this claim to the district court for further proceedings.”

Affirmed in part

Reversed and remanded in part

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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.