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Burton v. Bukowski

United States District Court, C.D. Illinois

September 16, 2014

DEREK J. BURTON, Plaintiff,
v.
TIMOTHY F. BUKOWSKI, et al., Defendants.

OPINION

SUE E. MYERSCOUGH, District Judge.

Plaintiff entered the Jerome Coombs Detention Center (the Jail) on crutches, a week after receiving surgery on his right hip to correct avascular necrosis-a condition in which a lack of blood supply leads to the death of bone tissue. Plaintiff also presented to the Jail with a plethora of current prescriptions which included:

Vicodin (a/k/a Hydrocodone/APAP or Norco)(pain reliever)
Xanax (a/k/a Alprazolam)(anxiety and panic disorder)
Flexeril (a/k/a Cyclobenzaprine)(muscle relaxant)
Zantac (a/k/a Ranitidine)
Betamethasone cream (to treat herpes simplex rash)
Acyclovir (to treat herpes simplex rash)
Relafen (a/k/a Nabumetone, a non-steroid anti-inflammatory)
Ultram (a/k/a Tramadol)(pain reliever)
Bactrim DS (antibiotic)

According to Plaintiff, Defendants were deliberately indifferent to his serious medical needs during Plaintiff's 1 ½ year stay at the Jail by: 1) failing to continue his medications as prescribed; 2) refusing to give him a second mattress; 3) refusing to provide physical therapy; 4) failing to adequately treat a rash; and, 5) failing to adequately treat rectal bleeding.

Before the Court is Defendants' motion for summary judgment. A jury could certainly find for Defendants. However, looking at the record in the light most favorable to Plaintiff, which the Court must do at this stage, a reasonable jury could also find for Plaintiff. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986) Accordingly, a jury trial must be held.

I. A reasonable jury could find that stopping all of Plaintiff's prescribed medicines when Plaintiff arrived at the Jail amounted to deliberate indifference to Plaintiff's serious and immediate need for pain medicine, anxiety ...


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