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7th Circuit Court of Appeals
The following opinion was filed after IL deadline Wednesday:
Jeffrey Allen Rowe v. Monica Gibson, et al.
14-3316
Appeal from the U.S. District Court, Southern District of Indiana, Indianapolis Division
Judge Sarah Evans Barker
Civil. Affirms in part, reverses in part and remands. Affirms summary judgment in favor of prison defendants on most claims of deliberate indifference to inmate Rowe’s claim of pain for being denied Zantac to treat esophageal reflux, but reverses as to Dr. William Wolfe, a contract physician at the Department of Correction. Also reverses summary judgment in favor of two defendants on Rowe’s claim of retaliation. Judge Richard Posner wrote for the majority joined in a separate concurrence by Judge Ilana Rovner that the District Court erred in granting summary judgment on those it reversed, finding that Rowe’s claims of pain, the timeline of his inability to obtain Zantac and the limited Internet research the judge undertook substantiated disputes that could not be disposed on summary judgment. Judge David Hamilton would allow Rowe’s retaliation claims to proceed, but not his deliberate indifference claims. The majority’s independent research was “an unprecedented departure from the proper role of an appellate court” that “runs contrary to long-established law and raises a host of practical problems the majority fails to address,” Hamilton wrote.

7th Circuit Court of Appeals
Kyle D. Alaura v. Carolyn W. Colvin
15-1727
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division
Chief Judge Philip P. Simon
Agency action. Reverses denial of application for total disability benefits, which was premature, and remands to the District Court for further consideration of Alaura’s claim.