The Eighth Amendment of the U.S. Constitution proscribes cruel and unusual punishment. To state a cognizable claim, a plaintiff must allege that a prison official or medical professional was deliberately indifferent to his or her objectively serious medical need. In Lewis v. McLean, the Seventh Circuit analyzed whether a nurse and prison official’s hour and a half delay in treatment created a triable issue as to whether they acted with deliberate indifference. The plaintiff alleged that the defendants showed deliberate indifference to his severe back pain by delaying his access to medical care. The defendants, on the other hand, purported that they were not deliberately indifferent, rather, the delay was caused by the plaintiff’s inability to follow their safety commands.
Monica J. Raven,
Neither Cruel Nor Unusual: An Hour and a Half Delay in Treatment Can Now Amount to Deliberate Indifference,
Seventh Circuit Rev.
Available at: https://scholarship.kentlaw.iit.edu/seventhcircuitreview/vol13/iss1/5