Dellairo v. Garland.

• Position: Deliberate indifference to medical needs - Brief Article

U.S. District Court

FAILURE TO PROVIDE CARE

DELIBERATE INDIFFERENCE

Dellairo v. Garland, 222 F.Supp.2d 86 (D.Me. 2002). An inmate who was serving a nine month jail sentence filed a pro se and in forma pauperis [section] 1983 suit against the jail's physician's assistant. The district court denied the assistant's motion to dismiss. The court held that the inmate sufficiently alleged a serious deprivation and alleged that the assistant had been deliberately indifferent. The court found that the assistant was not immune to the inmate's [section] 1983 claim. Prior to the inmate's admission to the jail, he was diagnosed with an ankle growth and was scheduled for surgery because an...