Thursday, August 25, 2011

Seventh Circuit -- April Ortiz v. City of Chicago

Sufficient evidence to survive summary judgment in S1983 claim for arrestee who was detained without necessary medications, where a request for help was made, family members informed police of situation, and arrestee deteriorated while in custody.

4A, not 8A applies where detainee has not yet had probable cause hearing.

Although short period of detention is relevant to determining objectively reasonable conduct, it is far from dispositive - else detainee becomes hot potato. 

At summary judgment stage, expert medical testimony is not necessary to establish causation. 

Error to the District Court in rejection of expert witnesses.

No qualified immunity for defts.

No basis for Gerstein claim , as defts were not the ones who prolonged the paperwork.

April Ortiz v. City of Chicago
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.