Juan McGee v. Carol Adams
2013 U.S. App. LEXIS 16039
| 7th Cir. | 2013Background
- McGee, a civilly detained former inmate at Rushville under Illinois’s Sexually Violent Persons statute, has a history of liposarcoma and ongoing leg swelling/neuropathic pain from cancer treatment and biopsies.
- Rushville policy required metal leg irons for detainees transported offsite; only the security director (McAdory) or a medical order could exempt a detainee or authorize leather restraints.
- McGee repeatedly complained that metal leg shackles caused pain and swelling; medical staff (Drs. Bednarz and Lochard and nurses) examined him, held a meeting about his complaints, but no medical professional issued an order exempting him from shackles.
- On several transports between 2008–2009 McGee was shackled, denied wheelchairs or assistance on occasions, and on one trip fell while stepping into a van and sustained a minor ankle cut.
- McGee sued under 42 U.S.C. § 1983 alleging deliberate indifference to his medical needs (Fourteenth/Eighth Amendment standard for detainees/prisoners); the district court granted summary judgment for defendants, and the Seventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether requiring metal leg irons violated McGee’s constitutional rights as deliberate indifference to serious medical needs | McGee: shackles aggravated his cancer-related leg swelling/pain; medical staff agreed shackles were inappropriate but subordinated that judgment to security, and security forced shackling | Defendants: medical staff examined McGee, found no medical contraindication to shackles; security reasonably relied on medical judgment and policy; no doctor ordered exemption | Court: No. Medical professionals did not make a judgment contraindicating shackles; non-medical staff permissibly relied on that judgment; no evidence of deliberate indifference |
| Whether medical professionals (Drs. Bednarz, Lochard, nurse Mull) were deliberately indifferent | McGee: doctors acknowledged pain and said they would talk to security; their failure to order an exemption shows deference to security over medicine | Defendants: physicians evaluated McGee, attended a staffing, and concluded shackles were not medically contraindicated; their conduct reflects medical judgment, not indifference | Court: No. Medical defendants provided ongoing evaluation; no evidence their actions were a substantial departure from accepted professional judgment |
| Whether security staff (transport officers) were deliberately indifferent by refusing wheelchairs/assistance or by forcing walking while shackled | McGee: guards denied wheelchairs, parked far away, forced him to walk, and failed to assist on van ingress leading to injury | Defendants: guards relied on absence of medical order, no treating physician prescribed accommodations, parking/operational constraints reasonable; injuries were minor | Court: No. Plaintiff failed to show guards knew of and disregarded a substantial risk of serious harm; incidents did not rise to deliberate indifference |
| Whether supervisory/administrative defendants liable for denying grievances or failing to prevent conduct | McGee: supervisors and agency head knew and failed to act | Defendants: grievance denials and lack of knowledge insufficient for liability; underlying conduct not unconstitutional | Court: No. Denying grievances does not create liability; no underlying constitutional violation to impute to supervisors |
Key Cases Cited
- Youngberg v. Romeo, 457 U.S. 307 (1982) (civil detainees entitled to more considerate treatment than prisoners)
- Board v. Farnham, 394 F.3d 469 (7th Cir.) (applying same standard to detainees and prisoners for deliberate indifference)
- King v. Kramer, 680 F.3d 1013 (7th Cir.) (two-part deliberate indifference test: objective serious need and subjective knowledge)
- Roe v. Elyea, 631 F.3d 843 (7th Cir.) (medical professional deference standard; deliberate indifference requires departure from accepted professional judgment)
- Duckworth v. Ahmad, 532 F.3d 675 (7th Cir.) (Eighth Amendment does not adopt medical malpractice standard)
- Greeno v. Daley, 414 F.3d 645 (7th Cir.) (discipline between malpractice/disagreement and deliberate indifference)
- Arnett v. Webster, 658 F.3d 742 (7th Cir.) (non-medical defendants may rely on medical staff’s decisions)
- George v. Smith, 507 F.3d 605 (7th Cir.) (denial of administrative grievance alone does not establish liability)