Nally v. Ghosh, No. 14-3426 (7th Cir. 2015)
Annotate this CasePlaintiff, an inmate at Stateville prison in Illinois, filed suit under 42 U.S.C. 1983, claiming that the prison’s medical staff was deliberately indifferent to the results of 11 blood tests, administered over a period of more than five years, that indicated that he was either diabetic or prediabetic, or had progressed from prediabetic to diabetic during the period. He alleges that not until the last of these tests, late in 2010, did he learn that his blood glucose counts were dangerously high The district court dismissed the suit as time-barred. We need to distinguish between two types of glucose blood test—fasting and random. The Seventh Circuit reversed. For the medical staff of a prison to know that an inmate is diabetic or prediabetic, yet not tell him, let alone do nothing to treat his condition, is to be deliberately indifferent. The defendant now knows that he was diabetic or prediabetic in 2007, but plaintiff may not have known of the cause of his distressing symptoms until November 2010, and the two-year statute of limitations would have been tolled during the interval between that discovery and his filing suit because he was exhausting prison administrative remedies.
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