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Case Lawyers

Wedad Ibrahim
Attorney

Michigan Office
1441 West Long Lake Rd., Ste. 310
Troy, MI 48098
Phone: (248) 644-6326

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Plaintiff Alleged Deliberate Indifference to Medical Need – Obtained Early Dismissal

Plaintiff was an elderly prisoner at G. Robert Cotton Correctional Facility. He alleges that he suffers from chronic hypertension, a serious kidney disorder, and an enlarged prostate, and that he takes medication to control his blood pressure. Chapman Law Group (CLG) was able to secure an early dismissal of the case under Fed. R. Civ. P. 12(b)(6) due to deficiencies in the Complaint.

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Case Result: Prison Medical Provider Indifferent to Chronic Issue Has Case Dismissed

Professionals:
Physicians

Primary Issues:
Plaintiff alleged a prison medical provider was deliberately indifferent to a chronic gastrointestinal issue.

Facts:
Plaintiff alleged that he suffered from Hirschsprung’s Disease and demanded that doctors provide him with a special diet to alleviate symptoms of the disease. Evidence from the prison showed that the inmate’s desired “special diet” consisted of hamburgers and fried chicken.

Procedural History:
Initially, the plaintiff was represented by an attorney who failed to properly answer discovery requests from our clients. We sought sanctions and the trial court decided that the Plaintiff’s deficient discovery warranted sanctioning Plaintiff by precluding him from seeking any monetary damages. As a result of the sanction, the Plaintiff fired his attorney and continued to thwart discovery.

Result:
The trial court found that there was no genuine issue of material fact and therefore granted summary judgment to our client. Plaintiff appealed, but failed to provide the required filing fee. The United States Court of Appeals for the Sixth Circuit dismissed the appeal due to Plaintiff’s failure to prosecute his claim in a timely fashion.

Practice Areas:
Correctional Medicine
Civil Rights

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.

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