Denial of Medical Care

Austin v. City of Pasadena, Texas

Submitted by Re'Neisha Stevenson on Mon, 08/07/2023 - 15:49

Use of force, tasing, holding prisoner in prone position on his chest was obviously the wrong treatment for one having an epileptic seizure and officers acted with deliberate indifference in delaying prisoner’s access to emergency medical care by delaying EMTs’ access to prisoner, by using restraint chair, and failing to properly respond to fact that his breathing and heart had been compromised.

Presson v. Reed

Submitted by Re'Neisha Stevenson on Thu, 06/15/2023 - 10:15

Jail officers could be held liable for failing to give prisoner prescribed medications for a back injury, attention deficit disorder, gastroesophageal reflux disease, and insomnia and would not be entitled to qualified immunity.

Howell v. NaphCare, Inc.

Submitted by Re'Neisha Stevenson on Thu, 06/15/2023 - 10:13

Pretrial detainee in sickle cell crisis was not transported to hospital, but strapped in restraint chair with minimal observation and died four hours later; crisis was objectively serious medical need; issue of fact as to whether nurse acted recklessly in failing to send detainee to E.R.

Presson v. Reed

Submitted by Re'Neisha Stevenson on Tue, 05/16/2023 - 13:14

Pretrial detainee with back injury, attention deficit disorder, gastroesophageal reflux disease, and insomnia had serious medical needs; denial of prescription medications demonstrated deliberate indifference.

Howell v. HaphCare, Inc.

Submitted by Re'Neisha Stevenson on Tue, 05/16/2023 - 13:12

Sickle cell crisis was objectively serious medical need; fact issues precluded summary judgment for nurse who failed to send detainee to ER and officer who failed complete required checks on detainee in restraint chair; other nurse’s conduct of failing to call doctor or perform further checks on detainee in restraint chair was not deliberate indifference.

Lucas v. Turn Key Health Clinics, LLC

Submitted by Re'Neisha Stevenson on Tue, 03/28/2023 - 12:17

Where doctor was aware that prisoner who died from cervical cancer had been diagnosed with chlamydia, had been suffering hip and groin pain for weeks, had been complaining of ongoing and abnormal vaginal discharge and bleeding for weeks, had mild leukocytosis, had heavy E. Coli growth, and that symptoms were getting more severe, not less, provision of modicum of care would not defeat claim for deliberate indifference of provider or on gatekeeper theory.

Allen v. Hays

Submitted by Re'Neisha Stevenson on Tue, 03/28/2023 - 12:15

Failure to provide medical care to subject who had been shot several times, was bleeding, moaning, groaning from pain, and in obvious and critical need of emergency medical care violated clearly established rights.

Petersen v. Johnson

Submitted by Re'Neisha Stevenson on Tue, 01/24/2023 - 10:32

Arrestee charged with solicitation of minor was released from custody and committed suicide two days later; Wellpath owed arrestee no duty of care after he was released.

Ireland v. Prummell

Submitted by Re'Neisha Stevenson on Tue, 12/06/2022 - 15:37

Reexamining inmates for medical conditions and reordering prescriptions, necessarily causing delay in treatment, did not have “plainly obvious consequence” of causing serious injury; doctor’s decision to run her own bloodwork before prescribing medication, rather than administering medication that had already been prescribed when prisoner was at hospital, was at most negligent; claims against officers rejected on ground there was no showing that officers had subjective awareness of serious medical needs of prisoner undergoing alcohol withdrawal.

Colson v. City of Alcoa, Tenn.

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 13:22

Claim for failing to provide medical care for knee injury suffered during arrest by first taking plaintiff to jail rather than hospital and relying on jail nurse’s opinion that injury did not require further attention was governed by 14th Amendment’s due process clause, not 4th Amendment; claim was based on period after arrest, but before finding of probable cause.