Summary
The United States District Court for the District of Hawaii grants Defendant Jillian Bermejo-Barrera’s motion for summary judgment in Brian Keith Sherrell’s 42 U.S.C. § 1983 action alleging deliberate indifference to serious medical needs in violation of the Eighth Amendment. The court concludes that Sherrell failed to present evidence showing Bermejo-Barrera’s subjective awareness of and deliberate disregard for a serious medical risk, or that her conduct caused his alleged injuries. The court therefore enters judgment for Bermejo-Barrera and does not reach qualified immunity.
Holdings
- Sherrell presented sufficient evidence for a reasonable trier of fact to conclude that his knee injury constituted a serious medical need.
- Sherrell failed to raise a genuine dispute that Bermejo-Barrera knew of and deliberately disregarded an excessive risk to his health or safety.
- Sherrell failed to raise a genuine dispute that Bermejo-Barrera's alleged conduct was the actual and proximate cause of his knee replacement or extreme pain.
- The court did not need to reach qualified immunity because it determined that Bermejo-Barrera committed no constitutional violation.
Questions Presented
- Whether Bermejo-Barrera violated the Eighth Amendment by acting with deliberate indifference to Sherrell's serious medical needs.
- Whether a genuine dispute of material fact precluded summary judgment on the § 1983 deliberate-indifference claim.
- Whether Bermejo-Barrera was entitled to qualified immunity.
Disposition
other
Cases Cited (21)
- Thomas v. Ponder, 611 F.3d 1144, 1150 (9th Cir. 2010)(followed)
- Blaisdell v. Frappiea, 729 F.3d 1237, 1241 (9th Cir. 2013)(followed)
- Marrero v. Ives, 682 F.3d 1190, 1192 (9th Cir. 2012)(followed)
- Soto v. Sweetman, 882 F.3d 865, 872 (9th Cir. 2018)(followed)
- Jones v. Blanas, 393 F.3d 918, 923 (9th Cir. 2004)(followed)
- Cornel v. Hawaii, 37 F.4th 527, 531 (9th Cir. 2022)(followed)
- West v. Atkins, 487 U.S. 42, 48 (1988)(followed)
- Park v. City & County of Honolulu, 952 F.3d 1136, 1140 (9th Cir. 2020)(followed)
- District of Columbia v. Wesby, 583 U.S. 48, 62-63 (2018)(followed)
- Estelle v. Gamble, 429 U.S. 97, 105 (1976)(followed)
Showing top 10 of 21.
Cited In (0)
No citing cases on record yet.