Articles Posted in U.S. Court of Appeals for the Third Circuit

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Pearson, a Pennsylvania prisoner, was hospitalized twice in April 2007: first for surgery to remove his appendix and later for surgery to repair a urethral tear caused by insertion of a catheter during the first surgery. Pearson claims that he was in intense pain for several hours before each hospitalization and that medical staff were dismissive of his complaints. In 2009, he filed suit under 42 U.S.C. 1983, claiming that prison officials and an independent medical contractor were deliberately indifferent to those needs in violation of the Eighth Amendment. After remands, the district court granted defendants summary judgment. The Third Circuit reversed with respect to one defendant, a nurse, but otherwise affirmed. Rhodes claimed that the nurse refused to examine him and forced him to crawl to a wheelchair, claims that do not require extrinsic proof or expert testimony. Pearson did not present sufficient evidence from which a reasonable jury could find that the other defendants were deliberately indifferent. View "Pearson v. Prison Health Service" on Justia Law