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Inmate’s suit alleging 8th Amendment violation allowed to continue

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A federal judge was incorrect in dismissing an inmate’s lawsuit alleging Eighth Amendment violations by prison staff who ignored his abdominal pain for months until the inmate was diagnosed with ulcerative colitis, the 7th Circuit Court of Appeals ruled.

Danny Richards began complaining in January 2008 about pain and blood in his stool; prison physicians said he was fine. In October 2008, Richards was sent to the hospital, where he was diagnosed with ulcerative colitis. At that point, there was nothing doctors could do but remove his colon and construct an ileo-anal pouch.

Richards sued prison medical staff in December 2010, citing their indifference to his serious medical condition. The District Court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(6) following a motion by the defendants, ruling the lawsuit untimely.

This was wrong, the 7th Circuit ruled, because Indiana requires the judiciary to toll the time limits for incapacitated persons. Richards claimed that he did not file the suit within the applicable statute of limitations because the three surgeries he had disabled him for extended periods of times, that when he was out of the hospital he was in constant pain and unable to walk, and only filed the suit when he had the energy to do so.

These allegations may not be true, but they are plausible, and no more is required of a pleading, Chief Judge Frank Easterbrook wrote. A motion under Rule 12(b)(6) tests whether the complaint states a claim on which relief may be granted; his complaint does that so it can’t properly be dismissed under that rule, Easterbrook continued.

The suit also couldn’t have been dismissed under Rule 12(c), he pointed out. The federal judge rejected Richards’ plead of incapacity, only saying his reasons for delay are “unpersuasive.” But a judge can’t reject a complaint’s plausible allegations by calling them unpersuasive, Easterbrook said. Only a trier of fact can do that, after a trial.

This case has not reached the point where Richards’ allegations of physical incapacity are put to the test. Once he has an opportunity to produce evidence material to the tolling question, its sufficiency under Indiana law can be tested by a motion for summary judgment, the court held. Easterbrook also wrote that before proceeding further, the District Court should consider carefully “whether to assist Richards in finding a lawyer who can muster the facts and, if necessary, secure medical experts.”

 

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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