00-2271Wynn v. Southward

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“Wynn alleges that he has been unable to chew his food without his dentures, significantly impeding his ability to eat, and that he has suffered bleeding, headaches, and ‘disfigurement.’ These allegations are sufficient to demonstrate that Wynn has a serious medical need for his dentures.

“Although it is a closer question whether Triggs and Southward knew of and deliberately disregarded Wynn’s dental needs, at this stage it does not appear ‘beyond doubt’ that Wynn (whose pro se pleadings deserve liberal construction) can prove no set of facts consistent with his complaint that would entitle him to relief. Hishon, 467 U.S. at 73. None of Wynn’s allegations rules out the possibility that Triggs and Southward acted deliberately, so his complaint should not have been dismissed even if it is more likely that their acts constituted negligence.”

“Wynn also alleges facts sufficient to state an Eighth Amendment claim as to his heart medication … Wynn states that he repeatedly told prison officials that he needed his heart medication ‘immediately,’ that the officials did not respond to his requests, that he made two written requests to Southward for his medication, that his heart had been ‘fluttering’ due to the lapse in medication, and that he risked ‘heavy chest pains’ if he did not resume taking his medication. These allegations adequately state an Eighth Amendment claim that the officers were deliberately indifferent to Wynn’s serious medical need for his heart medication.”

Reversed and remanded.

Appeal from the United States District Court for the Northern District of Indiana, Miller, J., Per Curiam.