United States Sixth Circuit

In deceased inmate's father's action raising a 42 U.S.C. section 1983 claim and state law claims for gross negligence and intentional infliction of emotional distress against members of the medical staff, corrections officers, and the county, district court's grant of summary judgment in favor of the defendants is affirmed in part, reversed in part and remanded where: 1) district court properly granted summary judgment in favor of the corrections officers on plaintiff's section 1983 claim, as none of the evidence implicates any specific officer and as such, it does not raise a genuine issue of material fact regarding the liability of any officer; 2) district court's grant of summary judgment in favor of the two of the three nurses, on plaintiff's section 1983 and gross negligence claims, is reversed as there is sufficient evidence to raise a genuine issue of material fact regarding whether the two nurses knew of the risk to the deceased inmate's health, yet consciously disregarded the risk; 3) district court's grant of summary judgment in favor of the doctor is affirmed as a reasonable jury would not conclude that the doctor's conduct amounted to "grossly inadequate care"; 4) district court's grant of summary judgment in favor of the county is affirmed as plaintiff failed to establish a custom of deliberate indifference to the serious medical needs of inmates at the county jail; and 5) district court's grant of summary judgment in favor of all the defendants on plaintiff's state law claims for intentional infliction of emotional distress is affirmed.

Appellate Information

• Argued 07/28/2010
• Decided 11/04/2010
• Published 11/04/2010

Judges

• Oliver

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Steven L. Skahn, Joseph Nimako