May 8, 2023

On March 31, 2023, Judge Sue Myerscough granted summary judgment to Vermilion County and various County employees on an inmate’s claim that he failed to receive proper medical care for a broken arm and for his diabetes.  In granting summary judgment, the court observed that the inmate initially did not even want to start taking insulin but that the medical staff encouraged him to take insulin and that when he eventually agreed to start taking insulin, his blood sugar readings came down substantially.  Further, the inmate was allowed to check his blood sugar levels at the jail throughout the day.  While the inmate complained that he did not receive prescribed blood pressure medication on consecutive days, the court observed that the medical staff corrected any errors in dispensing medications when the inmate complained.  Further, the court noted that the inmate’s request for a special diet was honored, with the inmate receiving peanut butter sandwiches (a diabetic-friendly food option), as well as diabetic jelly.

In granting summary judgment, the court found that no reasonable jury could find that any of the treatment decisions made by the jail’s medical staff were objectively unreasonable.  To the contrary, the court found that the inmate received a “deliberate, measured course of medical treatment that was altered, adjusted and accommodated” based on the inmate’s specific complaints and the staff’s medical observations.  The court further found that the inmate’s complaint that he did not receive a follow up exam for his broken arm did not satisfy the standard required to prove a claim of deliberate indifference under the Fourteenth Amendment.  Michael Condon and Jason Rose represented Vermilion County and their employees in the lawsuit.

Langston v. Shelly Harding, et al.

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