Court Error – Abuse of Discretion

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7^th Circuit Court of Appeals

Case Name: James A. Lewis v. Angela McLean, et al.

Case No.: 19-1562

Officials: FLAUM, RIPPLE, and SYKES, Circuit Judges.

Focus: Court Error – Abuse of Discretion

We previously vacated the entry of summary judgment for certain defendants in this case brought by James Lewis, a Wisconsin prisoner, for alleged violations of his Eighth Amendment rights. We review a decision to deny a Rule 59(a) motion for abuse of discretion. We concluded that a reasonable jury could find that a nurse and a correctional officer acted with deliberate indifference by delaying medical attention for Mr. Lewis’s painful back condition. Lewis v. McLean, 864 F.3d 556, 563–65 (7th Cir. 2017). We also suggested that, on remand, the district court should consider whether to reinstate Mr. Lewis’s state-law medical malpractice claim against the nurse. Id. at 566. On remand, Mr. Lewis went to trial and was represented by recruited counsel. The jury found for the defendants. Mr. Lewis immediately moved, pro se, to set aside the verdict and for a new trial. The district court, construing Mr. Lewis’s motion under Federal Rule of Civil Procedure 59(a), denied his motion. Because we conclude that there is a rational basis for the jury’s decision, and that the district court committed no error warranting further proceedings, we affirm the judgment of the district court.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.