forward. Accordingly, Sheahan's motion to dismiss the complaint is denied.
B. Defendant Collins' Motion to Dismiss
In his complaint, Chaney alleges that he had surgery on his feet immediately prior to his incarceration. He claims that he sought necessary medical aftercare in prison in December, 1992, but that defendant Collins and others refused to provide him access to such care for nearly eleven months. He claims that Collins' action in delaying his access to medical treatment amounts to a violation of his constitutional rights.
Deliberate indifference by prison personnel to a prisoner's serious medical needs constitutes cruel and unusual punishment, in violation of the Eighth Amendment. Estelle v. Gamble, 429 U.S. 97, 50 L. Ed. 2d 251, 97 S. Ct. 285 (1976). However, because the Eighth Amendment only encompasses punishments imposed upon persons convicted of a crime, principles of Fourteenth Amendment due process protect pretrial detainees from deliberate indifference to their serious medical needs. Bell v. Wolfish, 441 U.S. 520, 60 L. Ed. 2d 447, 99 S. Ct. 1861 (1979).
In Salazar v. City of Chicago, 940 F.2d 233 (7th Cir. 1991), the Seventh Circuit held that deliberate indifference may be shown through either intentional or criminally reckless conduct. Id. at 239. Criminally reckless conduct, in turn, is defined as "actual knowledge of impending harm easily preventable, so that a conscious, culpable refusal to prevent the harm can be inferred from the defendant's failure to prevent it." Duckworth v. Franzen, 780 F.2d 645, 653 (7th Cir. 1985), cert. denied, 479 U.S. 816, 93 L. Ed. 2d 28, 107 S. Ct. 71 (1986). Using these principles as our guide, and reading Chaney's complaint in the light most favorable to him, we conclude that Chaney has adequately alleged deliberate indifference. He asserts that he "sought" postsurgical medical treatment for his feet, but that he was "refused" such treatment by Collins. Furthermore, he claims that he was not provided the requested treatment for approximately eleven months after he requested it. These allegations are sufficient to implicate both Collins' knowledge of the threat of harm to Chaney, and Collins' prolonged failure to provide Chaney access to medical assistance. We therefore conclude that Chaney has adequately alleged deliberate indifference. See, e.g., Murphy v. Walker, 51 F.3d 714, 719 (7th Cir. 1995) (pretrial detainee who experienced over five-month delay in examination of head injury, notwithstanding requests to see physician, stated claim for deliberate indifference).
As discussed above, however, Chaney must also allege a serious medical need. Serious medical needs are to be determined from the point of view of a reasonable jailer, and are defined as "those that may be life threatening or pose a risk of needless pain or lingering disability if not treated at once." Davis v. Jones, 936 F.2d 971, 972 (7th Cir. 1991). Using this standard, we have no difficulty in concluding that Chaney has adequately alleged a serious medical need. He asserts that the delay in post-surgical treatment caused suffering, and the condition of his feet deteriorated. The Seventh Circuit faced a similar situation in Murphy. There, the plaintiff's broken hand was set by a doctor, with instructions to return for follow-up treatment. Instead, the prison officers removed the cast and splint themselves, and refused to take Murphy to a physician for further medical care to his hand. The Seventh Circuit concluded that Murphy had alleged a serious medical need:
We find the allegations of the casual removal of the cast and splint from Murphy's hand and the failure to take him in for his follow-up examination troubling. A broken hand is a serious injury, and permanent harm or a "lingering disability" could result absent proper evaluation, possible realignment, and treatment. We believe that, in the vast majority of instances, any reasonable officer ought to conclude that a broken hand is a serious injury and that a cast is necessary. Thus, proper follow-up care should have been provided.
Murphy, 51 F.3d at 720 (internal citation omitted). The same analysis applies here. Surgery on the feet is inherently a serious matter, and failure to provide necessary aftercare and follow-up could result in a lingering disability. Under such circumstances, prison officials have an obligation ensure that persons entrusted to their care receive the appropriate medical attention. Because Chaney has sufficiently alleged that those steps were not taken here, despite Collins' notice of the risk of harm, we deny Collins' motion to dismiss.
C. Defendant Nichols' Motion to Decline Supplemental Jurisdiction
In Count II of his Second Amended Complaint, Chaney asserts that his public defender, defendant George F. Nichols, committed malpractice by making no attempt to prove Chaney's innocence. According to the complaint, it was only after Chaney retained new counsel that DNA tests establishing Chaney's innocence were ordered. In responding to Nichols' motion to dismiss this claim on the merits, Chaney has clearly indicated that the claim is based solely upon state law.
As such, however, it falls outside this court's original jurisdiction. The presence of a state-law malpractice claim before this court is instead explained by 28 U.S.C. § 1367, which provides:
The district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within [the court's] original jurisdiction that they form the same case or controversy under Article Ill of the United States Constitution.