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Man loses appeal of suit against sheriff, jail medical staff

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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.

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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