United States Sixth Circuit

In a 42 U.S.C. section 1983 action, order denying Defendant's summary judgment motion is affirmed, where: 1) a reasonable jury could find that Defendant acted with deliberate indifference to Plaintiff's medical needs in violation of Eighth Amendment; and 2) Mich. Comp. Laws section 691.1407(2) did not preclude Plaintiff's gross negligence claim.

Appellate Information

• Decided 02/17/2009
• Published 02/17/2009

Judges

• Before:  MERRITT, MOORE, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John L. Thurber, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant.  Shawn C. Cabot, Christopher Trainor & Associates, White Lake, Michigan, for Appellee. ON BRIEF:  John L. Thurber, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant.  Shawn C. Cabot, Christopher J. Trainor, Christopher Trainor & Associates, White Lake, Michigan, for Appellee.