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· 3/5/2015

John Allard v. Tonia Baldwin

Citations

  • 779 F.3d 768
  • 2015 U.S. App. LEXIS 3503
  • 2015 WL 921006

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that even “negligent misdiagnosis” does not rise to the level of deliberate indifference
  • explaining that “[t]o prevail on a deliberate indifference claim,” the plaintiff “must show more than even gross negligence” and establish a mental state “akin to criminal recklessness: disregarding a known risk to the [plaintiff’s] health”
  • explaining that where some medical care is provided, the plaintiff may “prove his case by establishing the course of treatment, or lack thereof, so deviated from professional standards that it amounted to deliberate indifference” (cleaned up and citation omitted)
  • granting summary judgment to medical defendants who did not ignore inmate’s complaints but saw inmate on several occasions and tried numerous treatments
  • granting summary judgment to medical defendants who did not ignore inmate’s complaints, but saw inmate on several occasions and tried numerous treatments
  • finding no deliberate indifference where plaintiff diagnosed with severe constipation when later he was found to have a bowel obstruction

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Bye, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.