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. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL