Abuse of Discretion – Amended Complaint

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7^th Circuit Court of Appeals

Case Name: Ricardo Glover v. Kevin Carr, et al.

Case No.: 18-3028

Officials: FLAUM, ROVNER, and HAMILTON, Circuit Judges.

Focus: Abuse of Discretion – Amended Complaint

Ricardo Glover, a Wisconsin inmate, sued prison medical staff and Wisconsin Department of Corrections officials for deliberate indifference and for violating his right to equal protection after they denied him medicine prescribed for post‐surgical erectile dysfunction. See 42 U.S.C. § 1983; Estelle v. Gamble, 429 U.S. 97, 104, 97 S. Ct. 285, 291 (1976) (deliberate indifference to a prisoner’s serious medical needs constitutes unnecessary and wanton infliction of pain proscribed by Eighth Amendment). Glover alleges that treatment of his erectile dysfunction was both necessary for penile rehabilitation and time sensitive in the sense that he was at risk of suffering permanent loss of erectile function if his condition was left untreated for too long following surgery. The defendants argued at summary judgment that the Department’s then‐current medical director was wholly responsible for the challenged decision, but Glover had sued only the former director and other uninvolved parties. Glover moved to substitute the new director as a defendant, but the court (twice) denied the motion. It entered summary judgment for the defendants on Glover’s claim for damages and then deemed his claim for injunctive relief voluntarily withdrawn, in order to finalize the decision for appeal.

Glover appealed the judgment pro se. Following our review of the initial briefing, we appointed counsel to represent Glover, ordered re‐briefing, and set the case for argument. We now conclude that the district court abused its discretion by not allowing Glover to amend his complaint. We vacate the judgment and remand the case in order to allow Glover to proceed against the appropriate medical director in his individual capacity. We affirm the remainder of the judgment.

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.