Shane Holloway v. Delaware County S
2012 U.S. App. LEXIS 23823
| 7th Cir. | 2012Background
- Holloway was arrested without a warrant and detained for nine days in Delaware County Jail without formal charges.
- Probable cause was determined within 48 hours; initial hearing occurred within 72 hours of arrest via video conference.
- The jail medical staff treated Holloway’s Klippel-Trenaunay Syndrome; Holloway had been taking Oxycontin prior to arrest.
- Dr. Al-Shami substituted non-narcotic medications and medications to prevent withdrawal, rather than continuing Oxycontin.
- Holloway was released once the prosecutor did not file charges by the court-ordered deadline; he resumed Oxycontin after release.
- Holloway filed suit under 42 U.S.C. § 1983 alleging due process violation by the Sheriff and deliberate indifference by medical staff; district court granted summary judgment for defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether nine-day detention without charges violated due process | Holloway asserts due process violation from prolonged confinement without charges | Sheriff argues confinement followed judge's order and did not shock conscience | No due process violation; detention within 72 hours of initial hearing. |
| Whether Sheriff’s lack of a detention-release policy shows unconstitutional policy or custom | Holloway contends Monell policy/custom caused deprivation | Sheriff did not act under an unconstitutional policy; release followed court orders | No Monell policy or custom established; no policy liability. |
| Whether Dr. Al-Shami acted with deliberate indifference in pain management | Holloway claims non-narcotic meds failed to treat chronic pain | Dr. Al-Shami used professional judgment substituting non-narcotics and withdrawal meds | No deliberate indifference; decision within professional judgment. |
| Whether Nurses St. Myer and Hamilton acted with deliberate indifference by following orders | Nurses followed doctor’s orders to avoid narcotics, causing harm | Nurses administered meds as prescribed and lacked authority to alter treatment | No deliberate indifference; nurses entitled to judgment. |
| Whether Monell liability can attach to the Sheriff for medical indifference | Holloway asserts county policy caused deprivation | No evidence of a county policy or widespread custom | No Monell liability established. |
Key Cases Cited
- Baker v. McCollan, 443 U.S. 137 (1979) (detention after arrest does not always violate due process; three days not per se unconstitutional)
- Armstrong v. Squadrito, 152 F.3d 564 (7th Cir. 1998) (extended detention without timely appearance violates due process)
- Coleman v. Frantz, 754 F.2d 719 (7th Cir. 1985) (extensive detention without first appearance highly relevant to due process)
- Sivard v. Pulaski County, 959 F.2d 662 (7th Cir. 1992) (failure to charge after warrantless arrest relates to Fourth Amendment)
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978) (municipal liability requires policy or custom)
- Hudson v. McMillian, 503 U.S. 1 (1992) (prisoners' right to adequate medical care; not guaranteed unfettered access)
- Johnson v. Doughty, 433 F.3d 1001 (7th Cir. 2006) (deliberate indifference requires proof of knowledge and disregard of serious risk)