Summary
The court partially granted Hubert Duwayne Hill’s motion to amend his § 1983 complaint. It permitted substitution of Lieutenant Ryan Dawdy for the John Doe deputy and added a Fourteenth Amendment claim against Wellpath Inc. based on alleged delays in specialist referrals, but denied leave to add claims against Dr. Michael Schackter because the allegations amounted at most to negligence. The court directed filing and service of the amended complaint.
Holdings
- The court granted leave to amend to identify Lieutenant Ryan Dawdy as the John Doe deputy and to clarify his alleged involvement in the use of force.
- The proposed claim against Dr. Schackter was futile and did not state a Fourteenth Amendment claim because the allegations showed, at most, negligence rather than purposeful, knowing, or reckless conduct that was objectively unreasonable.
- The court allowed Hill to add a Fourteenth Amendment Monell claim against Wellpath Inc. based on an alleged practice of reviewing and denying referrals to specialists that caused delays in medical care.
Questions Presented
- Whether Hill should be permitted to amend his complaint to identify the John Doe deputy as Ryan Dawdy and clarify that deputy's alleged use of force.
- Whether Hill's proposed allegations against Dr. Michael Schackter stated a Fourteenth Amendment medical-care claim.
- Whether Hill adequately alleged a Monell claim against Wellpath Inc. based on a practice of reviewing and denying specialist referrals.
Disposition
other
Cases Cited (4)
- Pugh v. Tribune Co., 521 F.3d 686, 698 (7th Cir. 2008)(followed)
- Orix Credit Alliance, Inc. v. Taylor Mach. Works, Inc., 125 F.3d 468, 480 (7th Cir. 1997)(followed)
- Barry Aviation, Inc. v. Land O’Lakes Municipal Airport Comm’n, 377 F.3d 682, 687 (7th Cir. 2004)(followed)
- Miranda v. Cty. of Lake, 900 F.3d 335, 353-54 (7th Cir. 2018)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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