Lewis v. McLean, No. 16-1220 (7th Cir. 2017)Annotate this Case
Lewis, a Wisconsin prisoner, claimed in his suit under 42 U.S.C. 1983, that staff at the Wisconsin Secure Program Facility violated the Eighth Amendment by delaying medical attention for a painful back condition and then using excessive force when eventually taking him to the hospital. Lewis also claimed that a nurse and a physician committed malpractice under state law. The district court granted summary judgment for the defendants. The Seventh Circuit vacated, noting a failure to preserve videotaped evidence showing Lewis in his cell; rejecting a claim of qualified immunity; and stating that a jury reasonably could find that two of the defendants, a nurse and the security supervisor were deliberately indifferent to Lewis’s serious medical need and unnecessarily prolonged his pain.