DaSilva v. Rymarkiewicz

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DaSilva, a Waupan Correctional Institution inmate, received his medication one evening, then became dizzy, vomited, lost consciousness, and fell, hitting his head. DaSilva believes he was given the wrong medication. More than three hours passed before DaSilva was taken to the hospital (only five minutes away), where doctors stapled a deep laceration and diagnosed a serious concussion. DaSilva sued the officer who gave him the medication (Coby), a corrections supervisor, and Nurse DeYoung, under the Eighth Amendment. A magistrate judge concluded that Coby should be dismissed from the case because the distribution of the medication was only a mistake, which fails as a matter of law to reflect deliberate indifference. After discovery, the court, through the magistrate, granted the remaining defendants summary judgment. The Seventh Circuit determined that the matter could proceed to appeal, even though Coby was dismissed before he had an opportunity to consent to the disposition of the case by a magistrate. There was no final judgment until after the state (representing the defendants) filed its consent and Coby was a prison employee who stood in exactly the same position as the other two defendants for purposes of legal representation. View "DaSilva v. Rymarkiewicz" on Justia Law