The HCBullet: The blog of the Attorneys at HCB

Nurse and Correctional Officer Not Deliberately Indifferent to Inmate’s Seizure

April 24, 2017

Magistrate Judge Eric I. Long in the Central District of Illinois granted summary judgment in favor of a correctional officer and a nurse at the Jerome Combs Detention Center in Kankakee, Illinois in Bello v. Kimery, Case No. 16-CV-2153 (C.D. Ill. April 20, 2017). Plaintiff, a pre-trial detainee with mild epilepsy, had a seizure in…

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Failure to File Grievance Results in Dismissal of Inmate’s Claims

April 24, 2017

In Moore v. Walker et al., a jail inmate alleged that a correctional officer violated his constitutional rights by failing to protect him from an attack by other inmates on August 3, 2015.  On defendant’s motion for summary judgment, U.S. District Court Judge Eric Long found that that the inmate failed to exhaust administrative remedies…

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Jail’s 26-Day Delay In Providing Palliative Care States a Claim For Deliberate Indifference

April 24, 2017

The Seventh Circuit Appellate Court reversed dismissal of a deliberate indifference claim. Lula Dixon, mother and administrator of the estate of Kevin Dixon, filed suit following Kevin’s death. Kevin first complained of pain while detained at Cook County’s jail in October 2008. He was seen on December 10, 2008 and received a CT scan the…

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Bicyclist Found Not An Intended User of City Street

April 11, 2017

In Zaworski v. City of Joliet, the plaintiff, Michael Zaworksi, fell off his bicycle while riding in his residential neighborhood.  Zaworski alleged in his Complaint that, on July 23, 2015, his bike hit a small hole, several inches wide and several inches deep, in the roadway and that he was thrown over the handlebars of…

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Court Finds Drug Testing of High School Students Not Racially Motivated

April 11, 2017

In L.P. v. Marion Catholic High School, the Seventh Circuit considered a discrimination claim filed under Section 1983 by students at Marion Catholic High School.  The seven high school student-plaintiffs, six African-American and one white, alleged that their school was conducting improper random drug tests, in violation of the Constitution and federal statutes.  Although Marian…

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