United States Seventh Circuit

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Hunter v. Amin, 08-3719

In plaintiff's 42 U.S.C. section 1983 case against a county including the county sheriff, county jail employees, and a psychiatrist provided by the county jail, arising from the death of plaintiff's brother while detained in jail, district court's entry of summary judgment in favor of all of the defendants is affirmed in part, reversed and remanded in part where: 1) district court correctly concluded that county's policy of requiring a corrections officer to be present during psychiatric examinations at the jail did not violate plaintiff's brother's constitutional right to adequate mental health treatment; 2) summary judgment as to a medical malpractice claim against the treating psychiatrist is reversed and remanded where plaintiff's complaint and brief in opposition to the motion for summary judgment make clear that she also alleges malpractice by the doctor in discontinuing her brother's medication; and 3) because only state law claims now remain in the case, the district court should determine whether the requirements for diversity jurisdiction are satisfied.

Appellate Information

  • Argued 05/05/2009
  • Decided 10/01/2009
  • Published 10/01/2009

Judges

  • LAWRENCE, District Judge., Before RIPPLE and SYKES, Circuit Judges, and LAWRENCE, District Judge.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Robert M. Miller (argued), Wunderlich & Associates, High Ridge, MO, for Plaintiff-Appellant.

  • For Appellees:
  • Craig L. Unrath (argued), Heyl, Royster, Voelker & Allen, Peoria, IL, Michael J. Charysh, Richard A. Tjepkema (argued), Charysh & Schroeder, Chicago, IL, for Defendants-Appellees.
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