Cejvanovic v. Ludwick

Plaintiff filed suit under 42 U.S.C. 1983 alleging that five Iowa State Penitentiary (ISP) employees were deliberately indifferent to plaintiff's serious medical needs. While plaintiff was serving a life sentence at ISP, he suffered a serious hip injury from an assault by a fellow inmate.The Eighth Circuit affirmed the district court's grant of summary judgment in favor of defendants, holding that the district court did not abuse its discretion by failing to consider plaintiff's request for substitute appointed counsel. In this case, appointed counsel did not withdraw, and there was no request for substitute counsel. Furthermore, there was no basis in the summary judgment record to suspect that appointment of new counsel would affect the district court's decision. The court also held that there was no evidence in the record that the treating physician or any other medical provider or prison staff provided substandard care and no evidence that defendants ever acted in deliberate disregard of plaintiff's serious medical needs. View "Cejvanovic v. Ludwick" on Justia Law