Collins v. Al-Shami
2017 U.S. App. LEXIS 4921
7th Cir.2017Background
- Kenneth Collins, arrested for DWI in Aug 2012, had a history of heavy drinking and prior withdrawal; he possessed a Librium prescription at booking.
- Jail physician Dr. Nadir Al‑Shami authorized oral Librium per the prescription and ordered monitoring for alcohol‑withdrawal signs; jail staff performed regular checks and contacted physicians multiple times.
- Collins exhibited progressive withdrawal symptoms over several days (shaking, nausea, delusions, altered mental status); he was sent to the ER twice and treated there; hospital clinicians did not diagnose delirium tremens on first visit.
- On Aug 23, Collins was found lethargic, hypothermic, hypotensive and was hospitalized with sepsis and respiratory failure; he did not return to the jail.
- Collins sued Dr. Al‑Shami and his employer Advanced Correctional Healthcare under 42 U.S.C. § 1983 (Fourteenth Amendment due‑process inadequate medical care claim) and Indiana medical‑malpractice law. The district court granted summary judgment for defendants; the Seventh Circuit affirmed.
Issues
| Issue | Collins' Argument | Al‑Shami/ACH Argument | Held |
|---|---|---|---|
| Whether detention‑period inadequate‑care claim under Due Process requires only objective unreasonableness and whether Al‑Shami’s care was objectively unreasonable | Kingsley’s objective standard applies; Al‑Shami failed to ensure regular vital‑sign monitoring and failed to direct staff when to escalate | Even under objective standard, Al‑Shami’s decisions (ordering Librium, monitoring instructions, repeated communications and hospital referrals) met the standard of care | Summary judgment for Al‑Shami: treatment was reasonable; no genuine issue of objective inadequacy |
| Whether ACH can be liable under § 1983 via respondeat superior for physician’s conduct | If Al‑Shami liable, ACH should be vicariously liable | § 1983 does not allow vicarious municipal/corporate liability under Monell; no need to reach extension to private contractors here | ACH not liable because Al‑Shami is not liable; Monell rule bars vicarious § 1983 liability |
| Whether Collins raised a triable Indiana medical‑malpractice claim against Al‑Shami/ACH | Al‑Shami breached the standard of care and causally caused injury | Evidence shows treatment conformed with the applicable standard; expert testimony supports reasonableness | Summary judgment for defendants on state malpractice claims: no genuine issue of breach or causation |
Key Cases Cited
- Frye v. Auto‑Owners Ins. Co., 845 F.3d 782 (7th Cir. 2017) (standard of review for summary judgment)
- Currie v. Chhabra, 728 F.3d 626 (7th Cir. 2013) (different constitutional standards apply pre‑/post‑probable cause/detention)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (use of different constitutional standards for different claims)
- Lopez v. City of Chicago, 464 F.3d 711 (7th Cir. 2006) (Fourteenth Amendment governs detainee medical claims)
- Kingsley v. Hendrickson, 135 S. Ct. 2466 (U.S. 2015) (articulated objective‑unreasonableness standard for pretrial detainee excessive‑force claims)
- Monell v. Department of Social Services, 436 U.S. 658 (U.S. 1978) (municipal liability under § 1983 requires policy/custom; no respondeat superior)
- Shields v. Illinois Department of Corrections, 746 F.3d 782 (7th Cir. 2014) (discussing application of Monell to private contractors)