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Robert Alspaugh v Client

Area of Law:
Civil Rights 42 U.S.C. §1983

US District Court – Western District of Michigan

Favorable Report and Recommendation

Plaintiff alleges that the Defendants’ ignored several conditions, including an alleged broken neck, a broken toe, and chronic hemorrhoids. The Court stated that a claim for the deprivation of adequate medical care has an objective and a subjective component. To satisfy the objective component, the inmate must show that he is incarcerated under conditions posing a substantial risk of serious harm. If the medical need involves minor maladies or non-obvious complaints of a serious need for medical care, the inmate must place verifying medical evidence in the record to establish the detrimental effect of the delay in medical treatment. The Court found that Plaintiff had received extensive and ongoing medical care from Defendants and other medical staff throughout his incarceration based on the medical evidence, despite his claims otherwise. The fact that Plaintiff disagreed with the course of treatment and apparently felt that a more aggressive approach should have been followed by the Defendants doesn’t mean that the medical Defendants acted with deliberate indifference to a serious medical need. The Court granted our Motion for Summary Judgment and dismissed clients.

Ronald Chapman
Kimberley Koester

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