928 F.3d 560
7th Cir.2019Background
- Palmer, an Illinois inmate born without functional fingers on his left hand, had an indefinite low-bunk pass at Shawnee Correctional Center.
- Transferred to Northern Reception and Classification Center (NRC) on Jan 11, 2012; intake form noted the deformity and Palmer requested a low-bunk permit from nurse Craig P. Franz (Wexford employee), who did not issue a permit or arrange physician review.
- Palmer was housed on a top bunk despite telling staff of his low-bunk need; he made subsequent requests to see a doctor that went unacknowledged.
- On Jan 22, 2012, Palmer fell from the top bunk, severely injuring his knee; a low-bunk pass was issued only after the fall.
- Palmer filed grievances and administrative appeals without response and then sued in federal court alleging Eighth Amendment deliberate indifference; the district court granted Franz summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Palmer’s deformity is an objectively serious medical condition requiring accommodation | Palmer: congenital missing/ malformed hand is obvious and necessitates a low-bunk accommodation to avoid harm | Franz: condition does not require treatment; inmate adapted so risk of further injury is not inherent | Court: Condition qualifies as a serious medical need insofar as it objectively required an accommodation |
| Whether Franz knew of the risk posed by Palmer’s condition | Palmer: Franz observed the deformity and Palmer requested a low-bunk permit; risk was obvious | Franz: he was not authorized to issue passes and was unaware of bunk-assignment issues | Court: A jury could find Franz knew of the heightened risk because the risk was obvious and he was informed |
| Whether Franz was deliberately indifferent by failing to act | Palmer: Franz’s inaction (no temporary pass, no referral, no doctor visit) amounted to deliberate indifference | Franz: he lacked authority/ability to secure a pass; evidence insufficient to show deliberate disregard | Court: Evidence permits a reasonable jury to infer deliberate indifference; summary judgment improper |
| Whether district court properly resolved credibility and evidence conflicts at summary judgment | Palmer: credibility disputes and testimony about available alternatives raise genuine issues | Franz: district court concluded no factual dispute about his inability to help | Court: District court erred—credibility and competing inferences must be viewed for nonmovant; remand required |
Key Cases Cited
- Estelle v. Gamble, 429 U.S. 97 (Eighth Amendment deliberate indifference standard)
- Gayton v. McCoy, 593 F.3d 610 (definition of objectively serious medical condition requiring treatment or accommodation)
- Farmer v. Brennan, 511 U.S. 825 (deliberate indifference requires knowledge of substantial risk)
- Withers v. Wexford Health Sources, Inc., 710 F.3d 688 (nurse’s indifference to inability to climb a bunk can show deliberate indifference)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)