ILNews

Man loses appeal of suit against sheriff, jail medical staff

Back to TopCommentsE-mailPrintBookmark and Share

A man who was held in Delaware County jail for nine days before he was released because no charges were filed sued the county sheriff and jail medical staff alleging indifference to his serious medical condition. The 7th Circuit Court of Appeals upheld the grant of summary judgment in favor of the defendants.

Shane Holloway, who has Klippel-Trenaunay Syndrome, which causes chronic body pain, was arrested Sept. 29, 2009, on suspicion of dealing drugs. A master commissioner informed Holloway of the probable cause determination and ordered that Holloway be released by 9 a.m. Oct. 7 if the prosecutor didn’t file formal charges. During his time in jail, the medical staff did not give him Oxycontin, which he took to manage pain, but instead prescribed Tylenol and ibuprofen.

Holloway was released on Oct. 7 after charges weren’t filed. He filed his lawsuit against the county sheriff, Dr. Nadir Al-Shami and two nurses claiming they were deliberately indifferent to his serious medical needs. While in jail, he only mentioned he was in pain once to the medical staff, although he later said he was in pain the entire time but kept quiet.

The District Court granted the defendants’ motions for summary judgment, finding Holloway did not show that an unconstitutional policy or custom resulted in a constitutional deprivation. Also, Holloway didn’t produce evidence to support an inference that the doctor or nurses were deliberately indifferent to his serious medical needs.

In Shane A. Holloway v. Delaware County Sheriff, in his official capacity, et al., 12-2592, the 7th Circuit found the length of Holloway’s detention did not violate the 14th Amendment and agreed that the sheriff didn’t act pursuant to an unconstitutional policy or custom. With regard to the medical staff, Holloway didn’t show any evidence that Al-Shami intended to cause Holloway pain or knew that the drugs he prescribed would be insufficient to alleviate Holloway’s symptoms. The judges also pointed out that the nurses could not prescribe medication on their own and didn’t act with deliberate indifference in following the doctor’s orders.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

  2. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

ADVERTISEMENT