Lowry v. Lunzman
1:25-cv-01004
D.S.D.Jun 6, 2025Background
- Tujuane Lowry, a pretrial detainee at Brown County Jail, alleges he suffered from a serious facial skin infection between September 2022 and January 2023.
- After receiving antibiotics and ointment from an outside medical provider, Lowry claims he ran out of oral antibiotics and only had ointment remaining; the infection then worsened.
- Lowry asserts multiple written medical requests to Nurse Monica Hein went unanswered and that Brown County Sheriff Dave Lunzman was aware of his condition but took no action.
- Nurse Hein allegedly discontinued the prescribed ointment without explanation, and only responded to Lowry after he expressed intent to contact an attorney, at which point she stated she would not treat his non-emergency needs due to potential litigation.
- Lowry sues both defendants in individual and official capacities for violations of the Eighth and First Amendments, seeking compensatory and punitive damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Official Capacity Liability | County policy/custom caused rights violation | Not sufficient facts | Dismissed for failure to allege policy/custom |
| Deliberate Indifference (Medical Care) | Hein and Lunzman ignored serious medical need | — | Survives screening against both in personal cap. |
| First Amendment Retaliation (Hein) | Hein ceased care for non-emergencies after legal threat | — | Survives screening against Hein individually |
| Sufficiency of Pleading | Complaint states specific, non-conclusory facts | — | Sufficient for deliberate indifference/retaliation |
Key Cases Cited
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (local governments liable only for constitutional violations arising from official policies or customs)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleadings must state non-conclusory factual allegations to survive dismissal)
- Ashcroft v. Iqbal, 556 U.S. 662 (individual liability under § 1983 must reflect personal involvement)
- Estelle v. Gamble, 429 U.S. 97 (deliberate indifference to serious medical needs as Eighth Amendment violation)
- Farmer v. Brennan, 511 U.S. 825 (deliberate indifference requires actual knowledge of substantial risk)