Blackmore v. Kalamazoo County.

U.S. Appeals Court

MEDICAL CARE

Blackmore v. Kalamazoo County, 390 F.3d 890 (6th Cir. 2004). A former detainee brought an action under [section] 1983 asserting claims under the Eighth and Fourteenth Amendments for failure to provide prompt medical treatment during his detention. The district court granted summary judgment in favor of the defendants, and the detainee appealed. The appeals court reversed and remanded. The court held that summary judgment was precluded by a genuine issue of material fact as to whether the officials' delay in treatment posed a substantial risk of serious harm, where the seriousness of the detainee's appendicitis could be discerned without competent medical proof, and the detainee's manifestations of pain and injury during his detention were so obvious that even a layperson could have easily recognized the necessity for a doctor's attention. The court also found unresolved fact issues as to the officials' culpable state of mind, where the detainee had complained of stomach pain within an hour of his arrest, and officials were aware that the detainee was subsequently experiencing sharp abdominal pain and vomiting. The detainee received no medical attention until more than 50 hours after his arrest. (Kalamazoo County Jail, Michigan)