United States Seventh Circuit

In a case alleging violation of the Eighth Amendment's prohibition against cruel and unusual punishment against private entities under 42 U.S.C. section 1983, dismissal of the case for failure to state a claim is affirmed in part and vacated and remanded in part to allow the plaintiff to conduct discovery for the true identity of the defendants. Section 1983 may impose liability on a private entity when he/she is a physician employed by the state to provide medical services to state prison inmates, and the physician's conduct in providing medical services is fairly attributable to the state.

Appellate Information

• Decided 08/18/2009
• Published 08/18/2009

Judges

• RIPPLE, Circuit Judge., Before POSNER, RIPPLE and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Tyler E. Gellasch (argued), Marc R. Kadish, Mayer Brown LLP, Chicago, IL, for Plaintiff-Appellant., Frank W. Nagorka (argued), Chicago, IL, pro se.