In the case of Cyr v. Schuylkill County, No. 3:22-CV-00453 (M.D. Pa. Jan. 30, 2023 Saporito, M.J.), the court denied the Defendant nurse's and prison medical care company’s Motion to Dismiss a claim for an alleged §1983 denial of medical care and failure to intervene action after the Plaintiff's son died in prison of an alleged drug overdose.
The court found that the Plaintiff had adequately pled a denial of medical care and a failure to intervene in the Complaint. The court found that the allegations sufficiently pled a plausible claim against the medical company.
More specifically, after reviewing the Complaint, the court noted that the Plaintiff asserted in the Complaint that the son’s serious medical need was “so obvious” that a layperson could recognize it.
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| Magistrate Judge Joseph F. Saporito, Jr. M.D. Pa. |
The court additionally found that the Complaint sufficiently alleged deliberate indifference to substantiate a denial of medical care claim.
Judge Saporito also pointed to the fact that the Plaintiff had identified several policies, customs, or practices that the nurses and medical company allegedly violated which allegedly caused the deprivation of the son’s constitutional rights. Those alleged policies included alleged insufficient staffing, failing to train employees on diagnosing intoxicated or overdosing inmates, and not monitoring inmates in need or emergency care.
The court additionally found that the Plaintiff plausibly pled a failure to intervene claim.
Anyone wishing to review a copy of this decision may click this LINK.
Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Feb. 14, 2023).
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