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· 3/12/2012

Lewis v. Huntington National Bank

Citations

  • 838 F. Supp. 2d 703
  • 2012 WL 765077
  • 2012 U.S. Dist. LEXIS 32166

How courts have described this case

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

  • finding that plaintiff’s acid-reflux symptoms which included “ ‘vommitting [sic] acid’ while sleeping” are extreme and/or serious
  • assuming that a defendant’s five- day delay in providing acid reflux medication, which caused the plaintiff to experience vomiting, was sufficient to satisfy the objective prong of a deliberate-indifference claim
  • dismissing Eighth Amendment claim in absence of allegations that “the delay was either intentional or reckless”
  • finding dismissal proper in absence of allegations that “the delay was either intentional or reckless”
  • granting a motion to dismiss where the plaintiff alleged that prison doctors erroneously delayed administration of prescription medication because the plaintiff “fail[ed] to allege that the delay was either intentional or reckless”
  • dismissing the plaintiff’s deliberate-indifference claim where the defendant’s “alleged carelessness caused the prescription-refill delay,” and thus, the defendant’s “behavior [did not] rise[] above the level of ‘mere negligence’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Marbley

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.