Withers v. Wexford Health Sources, Inc.
2013 U.S. App. LEXIS 4002
| 7th Cir. | 2013Background
- Plaintiff inmate sues under 42 U.S.C. § 1983 against prison health professionals for deliberate indifference to medical needs; district court granted summary judgment for defendants.
- Plaintiff has scoliosis and intermittent back pain; seeks lower bunk, medical mattress, back brace, and orthopedic shoes, but evidence suggests no medical need and pain treated with ibuprofen.
- Nurse Debra Miller allegedly refused overnight stay in Health Care Unit, wheeled plaintiff to his cell, and allegedly commented to ‘figure it out’ when tired, leading to a fall from the upper bunk.
- Prison bunk beds are ladderless in plaintiff’s facility; plaintiff’s deposition states no bunk has a ladder, supported by external examples referenced in the record.
- Court concludes there is a genuine issue of material fact about deliberate indifference by Nurse Miller; if unresolved, plaintiff would be entitled to trial on that issue while other portions of judgmentaffirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller's handling of the bunk situation shows deliberate indifference | Miller knew scoliosis and back pain; refused lower bunk; comment and wheelchair transport caused injury | Nurse believed plaintiff could climb or would not fall; plaintiff malingered; no unaddressed imminent danger | Triable issue for Miller; not resolved on summary judgment |
| Whether the district court erred in granting summary judgment on remaining claims | Evidence supports deliberate indifference beyond Miller | No triable issues as to others; summary judgment appropriate | Affirmed in part, reversed in part, remanded for proceedings on Miller |
Key Cases Cited
- Murphy v. Walker, 51 F.3d 714 (7th Cir. 1995) (per curiam approach to imminent danger in Eighth Amendment context)
- United States v. Gonzales, 436 F.3d 560 (5th Cir. 2006) (analysis of deliberate indifference and evidence standards)
- Walker v. Benjamin, 293 F.3d 1030 (7th Cir. 2002) (considerations of injury risk and official response)
- Ramos v. Patnaude, 640 F.3d 485 (1st Cir. 2011) (misconduct evidence and credibility issues in § 1983 claims)
- Weaver v. Shadoan, 340 F.3d 398 (6th Cir. 2003) (nonconclusive evidence and credibility considerations in deliberate indifference cases)