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Civil Rights — Eighth Amendment — deliberate indifference

By: WISCONSIN LAW JOURNAL STAFF//July 24, 2012//

Civil Rights — Eighth Amendment — deliberate indifference

By: WISCONSIN LAW JOURNAL STAFF//July 24, 2012//

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Rights — Eighth Amendment — deliberate indifference

Where a prisoner alleges that the prison refuses to treat him for golf ball sized hemorrhoids, the district court should have screened the complaint and ordered the defendants be served.

“This complaint should have been screened before the end of September 2011. The district court must complete that task swiftly. On the day our mandate is received, the judge must authorize service of process on all defendants involved in the treatment of Wheeler’s hemorrhoids. The court must give these defendants a short time to respond to the motion for a preliminary injunction and promptly conduct an evidentiary hearing to determine whether Wheeler is entitled to relief. Because the hearing may require evidence from medical experts, the district judge should give serious consideration to recruiting counsel to assist Wheeler. See Pruitt v. Mote, 503 F.3d 647 (7th Cir. 2007) (en banc).”

Vacated and Remanded.

12-1806 Wheeler v. Wexford Health Sources, Inc.

Appeal from the United States District Court for the Southern District of Illinois, Reagan, J., Easterbrook, J.

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