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7th Circuit reverses dismissal of prisoner’s suit

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A lawsuit filed by a prisoner at the Pendleton Correctional Facility against two prison doctors and a nurse after he learned he had prostate cancer is allowed to continue after the 7th Circuit Court of Appeals reversed the dismissal of his suit.

The District Court dismissed Eugene Devbrow’s 42 U.S.C. Section 1983 suit for deliberate indifference to serious medical needs in violation of the Eighth Amendment for being untimely. Devbrow alerted prison officials of his need to be tested for prostate cancer within two to four years when he entered the prison system. In February 2004, a PSA test showed an elevated PSA but Dr. Eke Kalu did not order a biopsy until April 2005. A follow-up biopsy six months later revealed Devbrow had prostate cancer that had spread to his spine, severely limiting his treatment options.

Devbrow filed his lawsuit Oct. 19, 2007, but Judge Larry McKinney dismissed it as untimely, reasoning that Devbrow should have filed his suit within two years of April 2005 when the biopsy was ordered. On appeal, the defendants contend the deliberate indifference ended in April 2007, so Devbrow could have sued for nominal or presumed damages even without a physical injury.

But Devbrow’s suit seeks redress for a concrete physical injury, not probabilistic future harm or an abstract injury, the 7th Circuit pointed out in Eugene Devbrow v. Dr. Eke Kalu, et al., 12-2467.

“The statute of limitations for a § 1983 deliberate-indifference claim brought to redress a medical injury does not begin to run until the plaintiff knows of his injury and its cause. Judged by that standard, Devbrow’s suit is timely,” Judge Diane Sykes wrote. “He did not know of his injury in April 2005 when the defendants finally ordered a biopsy; he discovered it six months later when he learned he had cancer that might have been diagnosed and treated earlier but for the defendants’ deliberate indifference. The limitations period runs from that discovery, and Devbrow filed suit just before the time expired.”

 

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  1. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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