Kuhne v. FL Dept. of Corrections, No. 12-13387 (11th Cir. 2014)
Annotate this CasePlaintiff filed suit, inter alia, under 42 U.S.C. 1983, asserting an Eighth Amendment claim against the Department and officials, alleging that they had acted with deliberate indifference by failing to provide him care for his retinopathy. The district court granted summary judgment for defendants, concluding that plaintiff had voluntarily, and with informed consent, signed a form refusing a consultation with a retinal specialist. The court concluded that there were genuine issues of material fact concerning the validity and scope of the refusal form. The court reversed the district court's grant of summary judgment on the Eighth Amendment claim, concluding that the district court will need to evaluate the claim on remand as to each individual defendant, viewing the evidence in the light most favorable to plaintiff. The district court may also need to revisit its dismissal of the state law negligence claim.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.