Federal Court Entered Judgment in Favor of Correctional Staff in Inmate’s Medical Claim

February 7, 2017

Jail inmate Richard Schweitzer filed suit pursuant to 42 U.S.C. § 1983, alleging that the jail medical staff refused to remove two cysts on his back, and failed to provide his medication in a timely manner. On summary judgment, the defense presented evidence that the jail physician assistant made a medical determination that the cysts were benign and did not need to be removed. Based on this evidence, U.S. District Court Judge Michael Mihm found that Schweitzer’s claim amounted to no more than a difference of opinion between a member of the medical staff and Schweitzer, and did not rise to the level of a constitutional violation. Judge Mihm also concluded that Schweitzer was properly and timely provided his medications, and that he only missed dosages of medication infrequently, which did not rise to the level of a constitutional violation. Moreover, Schweitzer admitted that he suffered no injury as a result of sporadically or infrequently being deprived of his medication. Without any physical injury, Schweitzer was unable to state a claim under the Prisoner Litigation Reform Act. Michael Condon and Anthony Becknek represented the Chief of Corrections and jail staff.

Schweitzer v. Kolitwenzew 15-cv-2200

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