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Burvin Stevenson v Client

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

Venue:
US District Court – Eastern District of Michigan

Verdict:
Favorable Report and Recommendation adopted by Court

Details:
Plaintiff alleges that the Defendants’ failure to treat a hyper cataract in his left eye amounted to deliberate indifference of a serious medical need in violation of the Eighth Amendment. As a result, Plaintiff claims that he has suffered from psychological symptoms, including fear, anger, anxiety, and emotional suffering, as well as, an increased risk of injury due to the resulting lack of peripheral vision, and depth perception. The Plaintiff also made claims that he was discriminated against in violation of Title II of the American with Disabilities Act (“ADA”), 42 U.S.C. § 12131 et seq., and the Rehabilitation Act of 1973, 29 U.S.C. § 794. The Court reasoned that the Plaintiff did not allege that he is being excluded from a prison program, service, or activity, or of discrimination because of his disability, which is actionable under the ADA or Rehabilitation Act; but rather his claim is based on incompetent treatment for a medical condition. The Court also concluded that Plaintiff was incapable of demonstrating a genuine issue of material fact with regard to his deliberate indifference claim under the Eighth Amendment. In particular, Plaintiff failed to demonstrate a sufficiently culpable state of mind in the Defendants as their decision was based on a medical determination that the subject cataract surgery was not medically necessary.

Attorneys:
Ronald Chapman
Kimberley Koester


Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.


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