Case Law Alerts
Right to adequate medical care under 42 USC § 1983 is clearly established constitutional right when need is “obvious,” even if jail officer allows nurse to examine and nurse finds no serious medical need.
Colson v. City of Alcoa, Tennessee, 2021 WL 3913040 (6th Circuit Court of Appeals, Sep. 1, 2021)
January 3, 2022
A detainee complained of knee pain and was visibly displaying difficulty standing. The jail officer had a nurse examine the detainee, and the nurse found no serious need for medical care. The jail officer moved for qualified immunity at the District Court and was denied. The Sixth Circuit Court of Appeals found that the jail officer may still have violated the detainee’s right to adequate medical care and a question of fact existed for a jury.
This case clearly shows that the Sixth Circuit will not allow a jail officer to be absolved of liability on a qualified immunity motion by virtue of simply requesting medical personnel examine a detainee even when the medical personnel find that medical treatment is not needed. This weakens the defense’s ability to move for qualified immunity for jail officers in such cases as it shows that jail officers cannot use the examination and recommendation of the medical staff as a complete shield when the need may have been “obvious.”
Case Law Alerts, 1st Quarter, January 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.
