Perniciaro v. Lea, No. 17-30161 (5th Cir. 2018)
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Plaintiff, who suffers from schizophrenia and was committed to ELMHS, filed suit under 42 U.S.C. 1983, alleging that he received inadequate medical care and that defendants failed to protect him from harm. While at ELMHS, plaintiff sustained numerous injuries as a result of physical altercations with other patients and with guards.
The Fifth Circuit affirmed the district court's judgment holding that the Tulane-employed defendants may raise the defense of qualified immunity. However, the court reversed the denial of summary judgment, holding that plaintiff failed to establish that defendants violated his clearly established rights. In this case, plaintiff failed to cite any case clearly establishing that the particular conduct at issue violated the professional judgment standard.
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