Burton v. Downey, 2015 U.S. App. LEXIS 17616

Background

Derek Burton was detained at Jerome Combs Detention Center for ~18 months after surgery for avascular necrosis; he had pre‑existing prescriptions including Norco (an opioid) and had surgery with orthopedist Dr. Verghese who prescribed Ultram (tramadol).
Upon booking JCDC policy required confiscation/medical review of inmate medications; Burton alleges he experienced pain and withdrawal and that some pre‑detention prescriptions were not supplied by the jail.
JCDC medical staff (PA Menard, Nurses Gill and others) examined Burton, dispensed Ultram and other non‑narcotic care, followed Dr. Verghese’s recommendations (no narcotics, in‑cell physical therapy), and documented multiple follow‑ups; Burton was seen ~26 times while detained.
Burton sought narcotic pain meds, a second mattress, outside physical therapy, and contact with his primary care doctor; courts in his criminal case declined to order narcotics or a second mattress after review of the medical record and Dr. Verghese’s treatment decisions.
Burton filed a §1983 suit alleging Fourteenth Amendment deliberate indifference by medical and non‑medical defendants; the district court denied summary judgment, but the Seventh Circuit reversed, holding no reasonable jury could find deliberate indifference and defendants were entitled to qualified immunity.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Delay in receiving medication after booking	Burton: medications withheld ~9 days causing pain/withdrawal	Defs: records and Burton's deposition show Ultram dispensed 2 days after booking; two‑day delay not deliberate indifference	Held: No deliberate indifference — Burton’s 9‑day claim contradicted by record; 2‑day delay insufficient absent culpable state of mind
Refusal to contact primary care or prescribe narcotics (Norco)	Burton: denial of requested narcotics and failure to contact Dr. Zumwalt caused pain/withdrawal	Defs: medical judgment to use non‑narcotic Ultram was reasonable and within range of acceptable medical practice	Held: No deliberate indifference — difference of medical opinion; treatment by orthopedist recommending non‑narcotics was reasonable
Failure to provide second mattress	Burton: thin mattress worsened post‑surgical pain	Defs: treating physician said another mattress would not affect condition; not an essential deprivation	Held: No cruel and unusual punishment/deliberate indifference — no evidence mattress denial amounted to deprivation of basic medical needs
Failure to provide outside physical therapy and adequacy of treatment for rash/rectal bleeding	Burton: in‑cell therapy inadequate; other conditions not properly treated	Defs: JCDC followed Dr. Verghese’s instructions (in‑cell PT), provided written exercises; skin/rectal issues were treated and resolved	Held: No deliberate indifference — medical staff followed orthopedist’s directions and treated conditions effectively

Key Cases Cited

Brokaw v. Mercer Cnty., 235 F.3d 1000 (7th Cir. 2000) (qualified immunity standard overview)
Gibbs v. Lomas, 755 F.3d 529 (7th Cir. 2014) (summary judgment review standard)
Anderson v. Liberty Lobby, 477 U.S. 242 (1986) (materiality standard at summary judgment)
Scott v. Harris, 550 U.S. 372 (2007) (blatant contradiction by record precludes adopting plaintiff’s version)
Mitchell v. Forsyth, 472 U.S. 511 (1985) (appealability of qualified immunity denials)
Walker v. Benjamin, 293 F.3d 1030 (7th Cir. 2002) (collapsing merits and qualified immunity inquiries)
Williams v. City of Chicago, 733 F.3d 749 (7th Cir. 2013) (two‑step qualified immunity test)
Pittman v. County of Madison, 746 F.3d 766 (7th Cir. 2014) (pretrial detainee medical‑care standard under Fourteenth Amendment)
Smego v. Mitchell, 723 F.3d 752 (7th Cir. 2013) (comparison to Eighth Amendment standard)
Chapman v. Keltner, 241 F.3d 842 (7th Cir. 2001) (elements of deliberate indifference)
Holloway v. Delaware Cnty. Sheriff, 700 F.3d 1063 (7th Cir. 2012) (deliberate indifference requires more than negligence)
Duckworth v. Franzen, 780 F.2d 645 (7th Cir. 1985) (Eighth Amendment requires deliberate or criminally reckless infliction of pain)
Wilson v. Seiter, 501 U.S. 294 (1991) (only unnecessary and wanton infliction of pain implicates Eighth Amendment)
Hudson v. McMillian, 503 U.S. 1 (1992) (limits on prisoner right to healthcare)
Jackson v. Porter, 541 F.3d 688 (7th Cir. 2008) (no single correct medical course; range of acceptable treatment)
Sain v. Wood, 512 F.3d 886 (7th Cir. 2008) (deliberate indifference shown by departure from accepted professional judgment)
Estate of Cole v. Fromm, 94 F.3d 254 (7th Cir. 1996) (differences of medical opinion insufficient for deliberate indifference)
Rhodes v. Chapman, 452 U.S. 337 (1981) (Eighth Amendment requires deprivation of basic human needs)
Shockley v. Jones, 823 F.2d 1068 (7th Cir. 1987) (recklessness in tort insufficient for constitutional claim)