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