Prisoner – Deliberate Indifference

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7^th Circuit Court of Appeals

Case Name: Anthony J. Machicote v. Doctor Roethlisberger

Case No.: 19-3009

Officials: RIPPLE, HAMILTON, and SCUDDER, Circuit Judges.

Focus: Prisoner – Deliberate Indifference

Anthony Machicote is a Wisconsin inmate who had a surgery that left him in extreme pain necessitating strong medication at regular intervals. He faced delays and interruptions in receiving those drugs and experienced significant pain as a result. That led him to invoke 42 U.S.C. § 1983 and file a lawsuit against several physicians, a health services manager, and a nurse who worked at the New Lisbon Correctional Institution. The district court entered summary judgment for all defendants, concluding that Machicote had not shown that any of them were deliberately indifferent to his suffering. We agree with respect to most of the defendants and affirm the judgments in their favor. But Machicote has persuaded us that a factual issue remains as to the deliberate indifference of the nurse. We therefore vacate the judgment as to only that defendant and remand for a trial.

Vacated and remanded

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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.