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Sistrunk v. Khan
931 F. Supp. 2d 849
N.D. Ill.
2013
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Background

  • Plaintiff is a pretrial detainee at Cook County Jail, asserting a §1983 claim against jail physician Khan for deliberate indifference,

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Wheelchair necessity vs. crutches Sistrunk needed a wheelchair. Crutches were medically appropriate to build strength. No medically necessary wheelchair; crutches appropriate
Deliberate indifference requirement Khan disregarded serious medical need. Decision based on medical judgment; not indifferent. No deliberate indifference by Khan
Liability for the fall after crutches Fall caused by crutches ordered by Khan. Fall not a constitutional violation. Fall not actionable under §1983; no constitutional violation
Timeliness of denied care claim after fall Claim timely; continuation of care Claim raised late; new argument barred Untimely to add care-denial claim after fall
ADA/Rehabilitation Act claims ADA/Rehabilitation Act violations. Claim not viable; dispute about medical malpractice. No viable ADA or Rehabilitation Act claim

Key Cases Cited

  • Estelle v. Gamble, 429 U.S. 97 (1976) (deliberate indifference standard requires substantial risk to inmate health)
  • Farmer v. Brennan, 511 U.S. 825 (1994) (dual requirement: objective serious medical need and subjective awareness)
  • Roe v. Elyea, 631 F.3d 843 (7th Cir.2011) (professional judgment allowed unless a substantial departure)
  • Holloway v. Delaware County Sheriff, 700 F.3d 1063 (7th Cir.2012) (prison physician may rely on medical judgment; not required to defer to prior treatment)
  • Jackson v. Kotter, 541 F.3d 688 (7th Cir.2008) (prisoner not entitled to treatment of choice; adequate care suffices)
Read the full case

Case Details

Case Name: Sistrunk v. Khan
Court Name: District Court, N.D. Illinois
Date Published: Jan 24, 2013
Citation: 931 F. Supp. 2d 849
Docket Number: No. 11 C 3974
Court Abbreviation: N.D. Ill.