Case Result: Licensed Practical Nurse Dismissed From Deliberate Indifference Jail Case

Provider:
Nurse

Areas of Law:
42 USC § 1983 — Deliberate Indifference
Correctional Healthcare
Nursing License Defense

Venue:
U.S. District Court for the Eastern District of Michigan

Verdict:
The Court dismissed state law claims with prejudice and the 42 USC § 1983 claim without prejudice.

Details:
The Court dismissed with prejudice Plaintiff’s state law claims. In addition, the court dismissed without prejudice Plaintiff’s 42 USC § 1983 deliberate indifference claim, where we sought judgment on the pleadings and Plaintiff sought to voluntarily dismiss our licensed practical nurse client. 

The pleadings were insufficient to state a claim against our licensed practical nurse client. The nurse went to see the elderly prisoner who was feeling ill, then assisted with sending the prisoner to the hospital, where the prisoner died. Plaintiff did not pursue filing an amended pleading against the nurse.

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 State Bar.