Palmer v. Franz

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Illinois Department of Corrections (IDOC) inmate Palmer has a nub which terminates at his left wrist and does not have functional fingers. Before arriving at NRC, Palmer was at Shawnee Correctional Center, where the medical director issued Palmer a low bunk pass. When Palmer arrived at NRC, Franz conducted a routine intake screening. Franz noted his missing hand but ignored Palmer’s request for a low bunk permit and took no other steps in conjunction with Palmer’s deformity. Palmer had to use the top bunk. Palmer made two requests to see a doctor to get a low bunk pass; neither was acknowledged. Palmer fell while attempting to climb down from the upper bunk. He landed on his knee, sustaining a severe injury. Palmer then received a low bunk permit. Palmer filed grievances with IDOC based on the incident. With no response to his grievances, Palmer appealed to the Administrative Review Board, which also went unanswered. Palmer filed suit, alleging that Franz was deliberately indifferent to Palmer’s serious medical need. The district court granted Franz summary judgment. The Seventh Circuit reversed. The evidence is enough to allow a reasonable jury to conclude that: Palmer suffered from an objectively serious medical condition, Franz knew of the heightened risk of harm, and Franz deliberately failed to act in the face of that harm. View "Palmer v. Franz" on Justia Law