Reilly v. Vadlamudi

Plaintiff began experiencing severe headaches and swelling in his left eye in 2007 while incarcerated. Shortly after his release, plaintiff was diagnosed with Ewing’s Sarcoma, a serious form of bone cancer. According to plaintiff, surgery would have been sufficient to treat the disease had prison staff detected it earlier. However, due to the late diagnosis, chemotherapy and radiation are now necessary. In his suit under 42 U.S.C. 1983, the district court held that plaintiff pled sufficient facts upon which one could draw the inference that defendants violated the Eighth Amendment and committed medical malpractice. The doctor and nurse filed an interlocutory appeal, arguing that their involvement with plaintiff was minimal and cannot form the basis for a finding of deliberate indifference or gross negligence. The Sixth Circuit reversed, finding the defendants entitled to qualified immunity. Neither negligent medical care, nor delay in providing medical care, can rise to the level of a constitutional violation absent specific allegations of sufficiently harmful acts or omissions reflecting deliberate indifference. View "Reilly v. Vadlamudi" on Justia Law