560 F. App'x 271
5th Cir.2014Background
- Cheney died in MDOC custody from a severe viral syndrome leading to cardiac and respiratory arrest.
- Cheney’s father filed a 42 U.S.C. § 1983 claim alleging deliberate indifference by Collier, a nurse at Bolivar County Correctional Facility.
- The district court granted summary judgment in Collier’s favor on qualified immunity grounds.
- The court applies de novo review to a summary-judgment grant and requires a genuine dispute of material fact for reversal; with qualified immunity, the plaintiff must show a genuine issue that the defendant violated a constitutional right and that the right was clearly established.
- Under Farmer v. Brennan, deliberate indifference requires subjective recklessness—awareness of a substantial risk and disregard of it—and circumstantial evidence may establish this where the risk is obvious.
- Cheney complained of flu-like symptoms shortly before death and Collier allegedly ignored sick calls; however, Cheney’s symptoms were consistent with a severe cold/flu until vitals were abnormal on the morning of Aug. 29, after which emergency care was sought; the record does not show Collier acted with knowledge of a substantial risk of serious harm; negligence or medical malpractice alone does not constitute deliberate indifference; the district court’s grant of summary judgment for Collier is affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Collier’s actions violated the Eighth Amendment under the deliberate-indifference standard. | Cheney’s deteriorating condition and ignored sick calls show knowledge of a substantial risk. | Symptoms aligned with flu; no substantial risk known until vitals were abnormal; not deliberate indifference. | No genuine issue; Collier not deliberately indifferent; AFFIRM. |
Key Cases Cited
- Farmer v. Brennan, 511 U.S. 825 (Supreme Court 1994) (establishes subjective recklessness standard for deliberate indifference)
- Gobert v. Caldwell, 463 F.3d 339 (5th Cir. 2006) (negligence insufficient for deliberate indifference)
- United States v. Gonzales, 436 F.3d 560 (5th Cir. 2006) (circumstantial evidence may establish subjective recklessness when risk is obvious)
- Easter v. Powell, 467 F.3d 459 (5th Cir. 2006) (deliberate indifference shown by failure to provide care when heart condition evident)