Civil — Civil Rights — Prisoners; medical care; deliberate indifference

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United States Court of Appeals For the Seventh Circuit

Civil
Civil Rights
Prisoners; medical care; deliberate indifference

Even if a prisoner’s condition did not worsen from the delay of medical treatment, deliberate indifference to prolonged, unnecessary pain can itself be the basis for an Eighth Amendment claim.

“Here, Smith has alleged a serious, readily treatable condition that was ignored for almost a week. After an apparently unprovoked attack on him while he slept, he bled, vomited, sustained retinal or corneal damage, and endured dizziness and severe pain for five days as guards merely looked on.

Although the evidence may not ultimately substantiate these allegations, if proven these conditions are severe enough to have required more prompt attention. See Edwards, 478 F.3d at 830-31.”

Vacated and Remanded.

10-1113 Smith v. Knox County Jail

Appeal from the United States District Court for the Central District of Illinois, Baker, J., Per Curiam.

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