Grogan v. Kumar, No. 15-60678 (5th Cir. 2017)Annotate this Case
Plaintiff, a state prisoner, filed suit pro se under 42 U.S.C. 1983, alleging deliberate indifference on the part of personnel at SMCI. The Fifth Circuit vacated the grant of summary judgment as to the claims against Dr. Kumar, a psychiatrist, and nurses, insofar as those claims arose out of plaintiff's July 2014 suicide attempt. The court affirmed summary judgment in all other respects. In this case, plaintiff failed to show that his psychiatric policy preferences were embodied in constitutional standards, and thus his preferences did not state a claim for a constitutional violation; the court rejected plaintiff's claims that the general course of his treatment by the medical defendants amounted to deliberate indifference; but a genuine dispute existed as to whether plaintiff attempted suicide in 2014, and if he did, whether Kumar and the nurses responded in a reasonable manner. The court vacated a narrow portion of a discovery order to allow plaintiff to renew his motion for subpoenas if the case proceeds to trial.