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Deliberate Indifference – 8th Amendment Violation – Motion to Amend Complaint

By: Derek Hawkins//October 24, 2016//

Deliberate Indifference – 8th Amendment Violation – Motion to Amend Complaint

By: Derek Hawkins//October 24, 2016//

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7th Circuit Court of Appeals

Case Name: Jocelyn Chatham v. Randy Davis

Case No.: 14-3318

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

Focus: Deliberate Indifference – 8th Amendment Violation – Motion to Amend Complaint

Marvin McDonald died after suffering an asthma attack while he was an inmate at Pinckneyville Correctional Center, an Illinois prison. His estate, administered by Jocelyn Chatham, sued the prison’s warden, Wexford Health Services (a private corporation contracted to run the prison’s healthcare unit), a prison doctor and nurse, and several prison guards under 42 U.S.C. § 1983. Chatham claimed that the defendants were deliberately indifferent to McDonald’s serious medical needs, violating his rights under the Eighth Amendment. A magistrate judge entered summary judgment for the warden and Wexford. The other claims went to trial, and a jury found for the remaining defendants. Chatham now appeals, challenging the order granting summary judgment for the warden and Wexford. She also challenges the denial of her motions for leave to amend her complaint, for discovery sanctions, and for a new trial. We affirm. The magistrate judge was right to enter summary judgment for the warden and Wexford. Chatham did not produce evidence to support a reasonable inference that the warden consciously disregarded a substantial risk of harm to McDonald. Nor did she have evidence showing that a Wexford policy, practice, or custom caused a constitutional injury. Finally, the judge did not abuse his discretion in declining to allow leave to amend, impose a discovery sanction, or grant a new trial.

Affirmed

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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.

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