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Medical Malpractice Law & StrategyFeaturesLitigationLJN NewslettersMedical Malpractice

Institutional Deliberate Indifference

By Janice G. Inman

We began to look last month at the case of Glisson v. Indiana Dept. of Correction, 2017 U.S. App. LEXIS 3101 (7th Cir., 2/21/17), in which Alma Glisson, whose son Nicholas died while in prison, sued the correctional facility for employing the services of medical contractor Correctional Medical Services, Inc. (Corizon). Glisson alleged that Corizon violated her son's constitutional right under the Eighth Amendment to be free from cruel and unusual punishment, claiming that they deliberately had a policy in place not to coordinate care for chronically ill prisoners.

Although, on summary judgment, the district court dismissed all the federal claims, including those brought under 42 U.S.C. § 1983 against the Indiana Department of Corrections (the Department) and its medical care provider contractor Corizon, and a panel of the U.S. Court of Appeals for the Seventh Circuit affirmed, Alma Glisson was granted an en-banc rehearing. Here, we continue our discussion of the full court's decision on rehearing.

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