Bivens Suit – Deliberate Indifference – Prisoner Injury

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7^th Circuit Court of Appeals

Case Name: Ryan Mathison v. Scotta Moats

Case No: 14-3549

Officials: POSNER, EASTERBROOK, and SYKES, Circuit Judges.

Focus: Bivens Suit – Deliberate Indifference – Prisoner Injury

Prisoner alleges deliberate indifference stemming from failure of prison staff to immediately attend to prisoner suffering from heart attack

“Although the prison’s treatment of Mathison’s heart at‐ tack was incompetent, the guard whom Mathison summoned to his cell when the attack began (defendant Wick‐ man) can’t be thought to have exhibited deliberate indifference to Mathison’s condition. For he immediately notified his superior, the supervisory lieutenant, as protocol required; he had no medical training that would have enabled him to do more for Mathison. Dr. Moats, though he should not have been allowed to testify as an expert witness, cannot be thought to have exhibited deliberate indifference to Mathison’s plight either. He was not made aware of Mathison’s condition until 8 a.m., and proceeded to give him emergency treatment and promptly summoned an ambulance to take him to the nearest hospital emergency room.”

Affirmed in Part

Reversed and Remanded in Part

Full Text

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.