United States Seventh Circuit

In a suit under 42 U.S.C. section 1983 claiming that the conditions of confinement for a person under civil commitment violated the Fourteenth Amendment, denial of summary judgment for a private physician on grounds of qualified immunity is reversed where: 1) the conditions in the facility were not objectively serious enough to establish a constitutional violation; and 2) the physician's refusal to transfer the plaintiff to a different facility was not a result of deliberate indifference, therefore he did not violate the plaintiff's clearly-established constitutional rights.

Appellate Information

• Decided 01/09/2008
• Published 01/09/2008

Judges

• RIPPLE, Circuit Judge., Before BAUER, RIPPLE and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Barry S. Alberts, Amy M. Rubenstein (argued), Schiff Hardin, Chicago, IL, for Plaintiff-Appellee., Nancy G. Lischer, James Constantine Vlahakis (argued), Hinshaw & Culbertson, Chicago, IL, for Defendant-Appellant.