Gant, Harry v. Herweijer, Marie, 3:23-cv-00164

Plaintiff Harry Leroy Gant, formerly incarcerated at Oakhill Correctional Institution (OCI), alleged inadequate medical care for serious knee problems against Dr. Marie Roethlisberger and nurse supervisor Kristine Thome.
Gant claimed defendants provided only ineffective treatments despite his escalating pain and requests for different care, including knee replacement consideration and varying pain management.
Defendants argued that they followed professional judgment, adjusted treatments as needed, and facilitated specialist referrals in a timely manner.
Gant also brought a state-law medical negligence claim but failed to designate any expert witness to establish the applicable standard of care.
The court addressed both the Eighth Amendment deliberate indifference standard and Wisconsin law regarding medical negligence, ruling on defendants’ motion for summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Eighth Amendment: Deliberate indifference	Defendants knowingly provided ineffective care for Plaintiff's knee pain.	Defendants provided various treatments, altered care in response to needs.	No evidence of conscious disregard; summary judgment for Defendants.
Adequacy/Variation of Medical Treatment	Defendants failed to vary treatment despite worsening symptoms.	Treatment evolved with Plaintiff’s complaints and referrals were made.	Court found treatment was varied and professionally justified.
Delay in Medical Care	Defendants caused harmful delays, worsening Plaintiff's condition.	No evidence of intentional or causative delay by Defendants.	No evidence Defendants delayed or could control outside referrals.
Wisconsin-law Medical Negligence	Standard of care breached, resulting in harm.	Plaintiff failed to produce necessary expert testimony on standard of care.	No expert evidence; summary judgment for Defendants on negligence claim.

Estelle v. Gamble, 429 U.S. 97 (deliberate indifference standard under Eighth Amendment)
Farmer v. Brennan, 511 U.S. 825 (subjective awareness required for deliberate indifference)
Walker v. Benjamin, 293 F.3d 1030 (serious medical need under Eighth Amendment)
Johnson v. Doughty, 433 F.3d 1001 (reasonable care, not best possible care, is required)
Berry v. Peterman, 604 F.3d 435 (deliberate indifference requires more than negligence)
Snipes v. DeTella, 95 F.3d 586 (disagreement over treatment not deliberate indifference)
Wilson v. Adams, 901 F.3d 816 (expert testimony required for standard of care in Wisconsin)