Anthony N. Smith v. Knox County Jail
2012 U.S. App. LEXIS 1238
| 7th Cir. | 2012Background
- Smith, a pretrial detainee, sues Knox County Jail under 42 U.S.C. § 1983 for deliberate indifference to serious medical needs after a fellow inmate attack in October 2009.
- Attack occurred while Smith slept; guard opened the cell door allowing inmate entry and assault.
- Smith sustained head/eye injuries, and received no medical care for five days, then 72 hours of lockdown.
- Smith alleged guards were aware of bleeding, dizziness, vomiting, loss of eye color, and pain but did not treat.
- District court screened and dismissed the complaint for failure to state a claim, naming only the Knox County Jail as defendant.
- The Seventh Circuit vacated and remanded for amendment to name proper defendants and potential counsel appointment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether deliberate indifference to a serious medical need can be shown by delay alone. | Smith asserts delay in treatment constitutes deliberate indifference. | Knox County Jail argues no medical claim since only the building was named and evidence unclear. | Yes, delay can establish deliberate indifference regardless of worsening condition. |
| Whether naming the Knox County Jail, a non-suable entity, bars the claim. | Smith should be allowed to amend to name officers. | Non-suable entity as defendant defeats claim. | Remand to permit curative amendment naming individual officers. |
| Whether the district court erred in requiring medical evidence of worsened condition to survive pleading stage. | Delay itself can support a claim without proving worsening. | Pleading must show worsened condition or medical evidence. | Court acknowledges that a plaintiff need not prove worsening to state a claim. |
| Whether the district court should recruit counsel for Smith on remand. | Counsel would assist in case resolution. | Not discussed apart from potential appointment. | District court should consider recruiting counsel. |
Key Cases Cited
- Arnett v. Webster, 658 F.3d 742 (7th Cir. 2011) (pleading sufficiency and specific allegations sufficiency guidance)
- General Insurance Co. of America v. Clark Mall Corp., 644 F.3d 375 (7th Cir. 2011) (pleading standards align with doctrine on state of pleadings)
- Edwards v. Snyder, 478 F.3d 827 (7th Cir. 2007) (deliberate-indifference for painful, untreated conditions)
- McGowan v. Hulick, 612 F.3d 636 (7th Cir. 2010) (delay in treatment and seriousness of condition affects liability)
- Rodriguez v. Plymouth Ambulance Service, 577 F.3d 816 (7th Cir. 2009) (delay in treatment can constitute liability)
- Grieveson v. Anderson, 538 F.3d 763 (7th Cir. 2008) (delay in treating injuries may support claim)
- Gutierrez v. Peters, 111 F.3d 1364 (7th Cir. 1997) (limits on delay claims for milder conditions)
- Jackson v. Kotter, 541 F.3d 688 (7th Cir. 2008) (pro se pleading cure and amendment opportunities)
- Hudson v. McHugh, 148 F.3d 859 (7th Cir. 1998) (pro se pleading and amendment considerations)
- Donald v. Cook County Sheriff's Dep't, 95 F.3d 548 (7th Cir. 1996) (reiterates amendment as remedy for pleading defects)
- Flying J, Inc. v. City of New Haven, 549 F.3d 538 (7th Cir. 2008) (treats allegations as true for purposes of appeal review)
- Williams v. Rodriguez, 509 F.3d 392 (7th Cir. 2007) (Due Process protections for pretrial detainees mirror Eighth Amendment)