No. 19-5966

Delbert Heard v. Andrew Tilden, et al.

Lower Court: Seventh Circuit
Docketed: 2019-09-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment civil-rights constitutional-rights deliberate-indifference due-process electronic-evidence medical-care medical-malpractice medical-negligence negligence ostrich-defense prison-conditions prisoner-rights qualified-immunity surgical-delay
Latest Conference: 2019-11-01
Question Presented (from Petition)

Whether prison doctor can evade culpability for 8th Amendment violation for delay of prisoner's hernia surgery, by invoking ostrich defense and claiming mere negligent misdiagnosis; when there is evidence that DocToR REFUSED WHEN ASKED TO PHYSICALLY EXAMINE that delay of surgery for painful hernia was a risk of further life-threatening injury?

2. Whether Medical Director of Department of Corrections is suffiently culpable for 8th Amendment ViOlATiON FOr CONSENTING TO SUBORDINATE DOCTOR'S intervene to stop delay; when there is evidence from treating surgeon that delay of surgery for painful hernia.

3. Whether a District Court must consider the modern technology of electronic litigation, lie. Video Depositions, Video writs, and Email, when considering an order to transfer suit to another district under 28 usc $ 14o4 ca), for the convenience of parties and witnesses?

Question Presented (AI Summary)

Whether prison doctor can evade culpability for 8th Amendment violation for delay of prisoner's hernia surgery

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-07
Waiver of right of respondent Dr. Louis Schicker to respond filed.
2019-10-01
Waiver of right of respondents Andrew Tilden and Wexford Health Sources, Inc. to respond filed.
2019-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2019)

Attorneys

Andrew Tilden and Wexford Health Sources, Inc.
Julie Ann TeuscherCassidy Schade, LLP, Respondent
Delbert Heard
Delbert Heard — Petitioner
Dr. Louis Schicker
Frank Henry BieszczatOffice of the Illinois Attorney General, Respondent