Allard v. Baldwin, No. 14-1087 (8th Cir. 2015)
Annotate this CaseIn 2011, after about two weeks of reporting symptoms and being treated for constipation and gas, Allard, a prisoner at the Clarinda Correctional Facility of the Iowa Department of Corrections , suffered a bowel obstruction and perforation. Allard had emergency surgery where a colostomy bag was installed and his bowel was repaired. Allard filed suit under 42 U.S.C. 1983. The district court granted summary judgment to the prison staff. The Eighth Circuit affirmed, rejecting a claim that material questions of fact existed regarding the appropriateness of the care Allard received. Although Allard demonstrated that CCF medical staff failed to properly diagnose his bowel obstruction, and demonstrated that failure to treat the bowel obstruction led to a bowel perforation, Allard failed to put forward evidence to support a finding of deliberate indifference.
Court Description: Prisoner case - Prisoner Civil Rights. While plaintiff's evidence concerning defendants' treatment of his bowel condition might establish negligent malpractice, neither a misdiagnosis nor the treatment he received rose to the level of deliberate indifference and a constitutional violation.
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