Medical care.

U.S. District Court

DELIBERATE INDIFFERENCE

FAILURE TO PROVIDE CARE

Abdus-Samad v. Greiner. 158 F.Supp.2d 307 (S.D.N.Y. 2001). A prisoner brought a [section] 1983 action against a superintendent and other prison officials, alleging failure to provide adequate medical care. The district court granted summary judgment to three personnel who had no part in the prisoner's treatment. The court held that the prisoner sufficiently alleged that he had continuous pain and a degenerative condition in his ankle, and that prison personnel consciously disregarded the risk of serious harm. The court found that the prisoner sufficiently alleged deliberate indifference by two physicians and a nurse, for his condition that was ultimately diagnosed as a ruptured Achilles tendon, from which he experienced a build up of scar tissue because it was untreated. According to the court, the prisoner sufficiently alleged that a prison superintendent, supervisor, and nursing supervisor were deliberately indifferent to his ankle injuries, in violation of the Eighth Amendment. The prisoner alleged that th e superintendent and supervisor promised the prisoner that he would be examined by physicians but the examinations never took place, and the nurse administrator indicated she would not act on the prisoner's written request for care until a grievance was resolved. The court denied qualified immunity from the prisoner's Eighth Amendment claim. (Sing-Sing Correctional Facility, New York)

U.S. District Court

FAILURE TO PROVIDE CARE

ADEQUACY OF CARE

Boyd v. Rhode Island Dept. of Corrections 160 F.Supp.2d 213 (D.R.I. 2001). An inmate sued two physicians, alleging they failed to treat him in violation of the Eighth Amendment. The district court dismissed the case against one physician but found that the inmate stated a claim against the second physician. The inmate alleged that the prison physician diagnosed a hernia that required surgery, but did not perform the surgery, that he prematurely took the inmate off treatment for hepatitus C, and that the inmate suffered pain and suffering as a result. (Adult Correctional Institution, Cranston, Rhode Island)

U.S. District Court

DELIBERATE INDIFFERENCE

Dobbin v. Artuz, 143 F.Supp.2d 292 (S.D.N.Y. 2001). A state inmate brought a [section] 1983 action against prison officials and medical staff, arising from a fall down stairs at the prison. The district court granted summary judgment in favor of the defendants, finding they were not deliberately indifferent to the medical needs of the inmate. The inmate had requested to be moved to a cell on the ground floor on several occasions but he had failed to demonstrate any medical need for such a move. The court noted that the inmate regularly received sick calls and medication upon request, including consultations with outside specialists in connection with his back condition. (Green Haven Correctional Facility, New York)

U.S. District Court

DELAY IN CARE

DELIBERATE INDIFFERENCE

Ducally v. Rhode Island Dept. of Corrections 160 F.Supp.2d 220 (D.R.I. 2001). A prisoner brought a [section] 1983 action against a corrections department and corrections officers alleging cruel and unusual punishment. The district court dismissed the claims against the department, but found that the prisoner stated a claim against an officer with his allegations that the officer intentionally slammed a cell door on his hand and delayed the provision of medical care. The prisoner alleged that he suffered two cuts, swollen fingers, and loss of power and feeling in his fingers and hand. (Adult Correctional Institution, Cranston, Rhode Island)

U.S. Appeals Court

FAILURE TO PROVIDE CARE

Foulk v. Charrier, 262 F.3d 687 (8th Cir. 2001). A prisoner brought...