Roberts v. Kopel, No. 17-3579 (8th Cir. 2019)
Annotate this CaseCorrection officers who disregard visible and self-reported symptoms medical professionals believe to be flu symptoms are not deliberately indifferent to an obvious need for immediate medical attention. The Eighth Circuit affirmed the district court's grant of summary judgment dismissing plaintiff's 42 U.S.C. 1983 claims against correctional officers, alleging that they were deliberately indifferent to his medical needs after he suffered a stroke. In this case, while the officers were less than sympathetic to plaintiff's continuing illness, they were not deliberately indifferent to an obvious need for immediate medical attention that was sufficient to establish a cognizable claim under the Eighth Amendment.
Court Description: Loken, Author, with Smith, Chief Judge, and Gruender, Circuit Judge] Prisoner case - Prisoner civil rights. Correction officers who disregard visible and self-reported symptoms medical professionals believe to be flu symptoms are not deliberately indifferent to an obvious need for immediate medical attention, and plaintiff could not state a cognizable claim under the Eighth Amendment.
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