Civil Rights — Eighth Amendment — deliberate indifference

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United States Court of Appeals

Civil

Civil Rights — Eighth Amendment — deliberate indifference

Where a prisoner has needed hernia surgery but not received it for two years, his Eighth Amendment claim was improperly dismissed.

“As Gonzalez argues, he does not disagree with the initial course of treatment he received at Menard, and in fact he does not claim deliberate indifference by any of the Menard medical staff who treated him during the first five years after his diagnosis. Rather, Gonzalez points out that Dr. Feinerman and Dr. Fahim never altered their response to his hernia as the condition and associated pain worsened over time. His physicians were obligated not to persist in ineffective treatment. See Berry v. Peterman, 604 F.3d 435, 441 (7th Cir. 2010); Johnson, 433 F.3d at 1013; Greeno, 414 F.3d at 655. Delay in treating a condition that is painful even if not life-threatening may well constitute deliberate indifference, particularly for someone like Gonzalez who has 22 years until his projected parole date. See Arnett, 658 F.3d at 753; McGowan, 612 F.3d at 640; Grieveson, 538 F.3d at 779. Gonzalez thus presents a plausible account that, if true, would establish that Dr. Feinerman and Dr. Fahim demonstrated deliberate indifference to his need for medical care.”

Affirmed in part, and Reversed in part.

11-1804 Gonzalez v. Feinerman

Appeal from the United States District Court for the Southern District of Illinois, Murphy, J., Per Curiam.