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Cooper v. Office of Sheriff of Will County.

U.S. District Court

DELIBERATE 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 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. The district court held that state law did not preclude the possibility 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. The detainee had been placed in the general population of the jail, and had previously had an asthma attack that required inhaler 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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Title Annotation:MEDICAL CARE
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1USA
Date:Nov 1, 2004
Words:198
Previous Article:Brown v. Mitchell.
Next Article:Davis v. Reilly.
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