United States Seventh Circuit

In a suit alleging deliberate indifference to a prisoner's injuries and medical negligence, dismissal of the prisoner's complaint is reversed and the medical negligence claim reinstated where: 1) the complaint was neither factually nor legally frivolous and stated a cognizable claim for deliberate indifference; and 2) the state-law negligence claim related to the same set of operative facts as the Eighth Amendment claim for deliberate indifference.

Appellate Information

• Argued 11/08/2006
• Decided 03/07/2007
• Published 03/07/2007

Judges

• SYKES, Circuit Judge., Before CUDAHY, KANNE, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Charles Klein (argued), Winston & Strawn, Washington, DC, for Plaintiff-Appellant., Mary E. Welsh (argued), Office of Attorney General, Civil Appeals Div., Chicago, IL, Lisa Madigan Amicus Curiae.


• For Appellees:
  
• Deborah L. Ahlstrand, Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Defendants-Appellees.