Court Dismisses Diabetic Inmate’s Deliberate Indifference Claim

October 31, 2017

Judge Sue Myerscough of the Central District of Illinois granted summary judgment in favor of Kankakee County jail administrators, correctional staff and nursing staff in Lash v. Bukowski, et al., 16-CV-2138 (C.D. Ill. Oct. 26, 2017). Plaintiff, a fifty-four (54) year old diabetic inmate, sued the Sheriff and various staff members of the Jerome Combs Detention Center for deliberate indifference with respect to his need for a diabetic diet and prescription medication. Plaintiff alleged that he was not provided an adequate diet for his diabetic condition, and that he did not receive his diabetes medication. The Court granted summary judgment in favor of the Defendants, finding that the Plaintiff, in fact, received his medications while he was incarcerated. Additionally, the Court found that the Plaintiff received medical care and treatment for all of his listed ailments while he was housed in at the county jail. Finally, the Court found that Plaintiff received a prescribed diet for his diabetic condition, and that his diet was nutritionally adequate. Under these circumstances, JCDC staff was not deliberately indifferent to his medical needs. Michael Condon and Tony Fioretti represented the Defendants.

Lash v. Bukowski

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