Civil Rights — Eighth Amendment — deliberate indifference

By: WISCONSIN LAW JOURNAL STAFF//February 1, 2013//

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Rights — Eighth Amendment — deliberate indifference

The statute of limitations for a Section 1983 deliberate-indifference claim brought to redress a medical injury does not begin to run until the plaintiff knows of his injury and its cause.

“The claim asserted here involves an actual physical injury, not an abstract or intangible one. Devbrow contends that the defendants’ deliberate indifference delayed the diagnosis of his cancer until after it metastasized, foreclosing successful medical intervention. He learned of that injury no earlier than October 21, 2005, when he received his cancer diagnosis. He filed this suit on October 19, 2007, almost two years later and just before the statute of limitations expired.”

Reversed.

12-2467 Devbrow v. Kalu

Appeal from the United States District Court for the Southern District of Indiana, McKinney, J., Sykes, J.

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