Cruel & Unusual Punishment

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Civil

7^th Circuit Court of Appeals

Officials: FLAUM, KANNE, and SYKES, Circuit Judges

Cruel & Unusual Punishment

No. 14-3173 Joseph Conley v. Kimberly Birch

Where doctor failure order an x-ray for inmate with fractured hand exacerbated inmates injury.

“Our conclusion that Conley’s claim of deliberate indifference survives summary judgment does not necessarily indicate that Conley is likely to win at trial. There is evidence pointing in both directions, and while a jury might draw inferences favorable to Conley, the record also permits the opposite inferences. After all, Potts’s treatment notes convey some uncertainty as to Conley’s diagnosis, as Potts described Conley’s injury as a “possible/probable fracture” and a “? Fracture.” Also, though his hand was severely swollen, Con- ley was experiencing only mild pain (a “2–3” on a 1–10 scale) at the time of his visit with Potts. Because Potts customarily shared his full assessment during a telephone referral, we can assume that these observations were communicated to Dr. Birch, along with a report of Conley’s more serious symptoms. Further, because Dr. Birch stated in her deposition that she generally deferred to the professional judgment of the reporting nurse in determining whether to order an x- ray, a jury might conclude that Potts did not feel that an x- ray was necessary. Finally, considering that Dr. Birch would have been able to order an x-ray over the phone in a matter of minutes, doing so likely would not have interfered with her holiday plans; as a result, Conley’s proffered motive for Dr. Birch’s decision not to order an x-ray—that is, so that she would not be forced to interrupt her Christmas vacation— appears dubious.”

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.