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Minor v. Barwick11/25/2003
serious harm exists, and he must also draw the inference. This approach comports best with the text of the Amendment as our cases have interpreted it. The Eighth Amendment does not outlaw cruel and unusual "conditions"; it outlaws cruel and unusual "punishments." An act or omission unaccompanied by knowledge of a significant risk of harm might well be something society wishes to discourage, and if harm does result society might well wish to assure compensation. The common law reflects such concerns when it imposes tort liability on a purely objective basis. But an official's failure to alleviate a significant risk that he should have perceived but did not, while no cause for commendation, cannot under our cases be condemned as the infliction of punishment.
(Citations omitted.) Id. at 837-838. Thus, a prison official may be "deliberately indifferent" so as to give rise to a ยง 1983 action if the official intentionally denies or delays a prisoner's access to medical care and such conduct results in substantial harm. See Estelle, supra at 104 (medical director of corrections department did not act with deliberate indifference to inmate's complaints where evidence showed that inmate was seen seventeen times by medical personnel and was prescribed pain relievers and muscle relaxants); Brown v. Hughes, 894 F.2d 1533, 1538 (11th Cir. 1990) ("an unexplained delay of hours in treating a serious injury states a prima facie case of deliberate indifference"); Wilson v. City of Chanute, 43 F.Supp. 2d 1202 (D.C. Kansas 1999) (officers who observed detainee ingest pills and saw his condition deteriorate but did nothing to provide medical assistance until detainee had gone into full respiratory and cardiac arrest acted with deliberate indifference); Howard, supra (jail nurses who ignored pleas to have diabetic inmate examined and/or transferred to the hospital acted with deliberate indifference). However, even if a prison official knew of a substantial risk to inmate health or safety, the official may be relieved from liability if the official responded reasonably to the risk, even if the harm ultimately was not avoided. Farmer, supra at 844, 847.
With regard to medical personnel, the Supreme Court clarified that, "inadvertent failure to provide adequate medical care" would not amount to a constitutional violation:
complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment. Medical malpractice does not become a constitutional violation merely because the victim is a prisoner. In order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs.
Estelle, supra at 105-106.
Viewed in the light most favorable to plaintiffs, the evidence shows that both Carter and Minor were aware that Barwick faced a substantial risk of serious harm. The issue then is whether Minor and Carter deliberately disregarded this risk.
(a) Minor. Minor found out about Barwick's alleged overdose sometime in the late afternoon/early evening of September 29. Shortly after he was told of Barwick's alleged overdose, Minor went to see Barwick, who denied it. Even though there is some conflict about whether Minor first called medical personnel or Bailey, the evidence shows that because of Minor's efforts, Carter was sent to examine Barwick. There is no evidence that Minor intentionally denied or delayed Barwick's access to medical care, or ignored Barwick's need for medical attention. Unlike in Wilson, where officers did nothing, here, Minor summoned medical personnel shortly after learning
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