Cooper v. Office of Sheriff of Will County.U.S. District CourtDELIBERATE INDIFFERANCE MEDICATION FAILURE TO PROVIDE CARE Cooper v. Office of Sheriff of Will County, 333 F.Supp.2d 728 (N.D.Ill. 2004). A pretrial pre·tri·al n. A proceeding held before an official trial, especially to clarify points of law and facts. adj. 1. Of or relating to a pretrial. 2. detainee's surviving father brought an action against a county, sheriff, and deputies after his son died as the result of an asthma attack while he was incarcerated incarcerated /in·car·cer·at·ed/ (in-kahr´ser-at?ed) imprisoned; constricted; subjected to incarceration. in·car·cer·at·ed adj. Confined or trapped, as a hernia. . The district court held that state law did not preclude the possibility of respondeat superior [Latin, Let the master answer.] A common-law doctrine that makes an employer liable for the actions of an employee when the actions take place within the scope of employment. The common-law doctrine of respondeat superior liability on the sheriff for a deputy's intentional or willful conduct. According to the court, the father's allegations were sufficient to state a [section] 1983 claim against the deputies based on deliberate indifference to the detainee's serious medical condition. The court noted that the central allegation in the complain was that the deputies failed to provide timely medical care and treatment to the detainee de·tain·ee n. A person held in custody or confinement: a political detainee. Noun 1. detainee - some held in custody political detainee . The detainee had been placed in the general population of the jail, and had previously had an asthma attack that required inhaler inhaler /in·hal·er/ (in-hal´er) 1. an apparatus for administering vapor or volatilized medications by inhalation. 2. ventilator (2). in·hal·er n. medication. When the detainee had a subsequent attack, he and other inmates informed deputies on duty that immediate medical care was necessary, but the deputies failed to act in a timely manner and the detainee died. (Will County Jail, Illinois) |
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