01-4162 Jackson v. Illinois Medi-Car, Inc.

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“[A]lthough Mr. Jackson has demonstrated that he suffered from an objectively serious medical condition, we certainly cannot conclude on this record that Mr. Howard acted with deliberate indifference to the situation. Mr. Howard’s role in this incident was markedly different from that of the police officers on the scene. As the parties agree, Mr. Howard, as a Medi-Car driver, had no authority over the CPD’s detainees, including Mr. Jackson. … Mr. Howard could neither release Mr. Jackson nor remove the passenger’s restraints. This aspect of the relationship between Medi-Car and the CPD is the very reason that the DSO required an officer to ride in the Medi-Car vehicle with a detainee. Moreover, the terms of the DSO indicate that the CPD did not expect Medi-Car or its drivers to provide medical services to a detainee. Indeed, the company did not afford medical services to any of its passengers. It was not Mr. Howard’s role to assess the detainee’s medical condition; that duty was assigned to the arresting officers. On these facts, Mr. Howard’s role in this matter was quite limited; he merely functioned as a transport service, moving Mr. Jackson from destination to destination.

“Even assuming that Mr. Howard may have had some obligation to relay information concerning a drastic change in Mr. Jackson’s medical condition to the officers flanking the Medi-Car van, the facts of this case do not indicate that he was confronted with such a situation. Moreover, he certainly did not act with anything close to deliberate indifference in declining to take his passenger to the hospital. As detailed above, primary authority over Mr. Jackson rested with the CPD officers, individuals who concluded that, even though their detainee had consumed numerous pills, he should be taken to the police station, not the hospital. These officers also decided that, despite their responsibility for Mr. Jackson’s medical safety and despite the departmental directive, one of their number did not have to ride in the van along with Mr. Jackson. Upon being placed in the Medi-Car van, Mr. Jackson was alert, sitting up straight and speaking in full sentences. Although he was upset during the transportation to the police station, his physical appearance provided no indication that he was in or nearing medical distress. Indeed, at no point during the ten to fifteen minute ride to the station did Mr. Jackson indicate that he was in pain. Mr. Jackson’s condition simply had not deteriorated since his custodians, the CPD officers, had last determined that he should be taken to the police station. Lacking medical training and any realistic control over the detainee, Mr. Howard certainly did not act with deliberate indifference to a known medical need when he followed the directions of the officers. Simply put, under these circumstances, Mr. Howard’s decision to defer to the orders of the CPD, who had authority over his passenger, and to proceed to the police station simply did not deprive Mr. Jackson of the protection of the Due Process Clause. The district court correctly entered summary judgment in favor of Mr. Howard.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Coar, J., Ripple, J.