Austin v. Johnson.

• Position: Medical care - Brief Article

U.S. Appeals Court

MEDICAL CARE

FAILURE TO PROVIDE CARE

Austin v. Johnson, 328 F.3d 204 (5th Cir. 2003). The parents of a convicted youth offender who was sentenced to attend a one-day "boot camp," brought a [section] 1983 action to recover damages after the minor suffered severe symptoms from a heat stroke. The district court rejected the camp directors' immunity defenses and they appealed. The appeals court affirmed in part, reversed in part, and remanded. The appeals court held that requiring the minor to perform military-style exercises was neither cruel nor unusual punishment. The court held that the parents' allegation that officials waited nearly two hours before calling an ambulance for the unconscious minor was sufficient to state a claim for deliberate indifference to...