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· 6/29/2011

Leavitt v. Correctional Medical Services, Inc.

Citations

  • 645 F.3d 484
  • 2011 U.S. App. LEXIS 13269
  • 2011 WL 2557009

How courts have described this case

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

  • acknowledging that the effects of treatment decisions may be relevant to consideration of the subjective component of the Eighth Amendment
  • stating that “[b]ased on [the previously described] series of events, no reasonable factfinder could conclude that [an employee of the defendant corporation] acted with deliberate indifference” and, consequently, affirming a grant of summary judgment in that employee’s favor
  • finding that a genuine question of material fact existed with respect to whether a defendant was deliberately indifferent in not prescribing medication for HIV/AIDS where there was evidence that defendant “had a financial interest” in not prescribing the drug
  • stating that an Eighth Amendment violation occurs when the medical care provided is \so inadequate as to constitute an unnecessary and wanton infliction of pain or [is] repugnant to the conscience of mankind\ (quoting Estelle, 429 U.S. at 105-06)
  • rejecting deliberate indifference claim based on theory that third-party correctional medicine providers “ought to have been more proactive in following up on” the inmate’s care
  • affirming grant of summary judgment to a medical provider who ordered a follow-up appointment that never ultimately occurred

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Lipez, Howard

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.