Conquest v. Berge
Conquest v. Berge
Opinion of the Court
ORDER
De’Ondre Conquest, an inmate at the Supermax Correctional Institution (“SMCI”) in Boscobel, Wisconsin, brought suit under 42 U.S.C. § 1983, charging that the defendant prison and medical personnel violated his Eighth Amendment rights by providing deficient medical care for his stomach cancer. He now appeals from the district court’s grant of summary judgment for the defendants.
Conquest, who has been incarcerated in the Wisconsin system since April 1998, was transferred to SMCI in April 2000 in part because he was selling his medications to inmates at his previous institution. SMCI does not have an infirmary on site, but the state has contracted with a private company, defendant Prison Health Services, Inc., (“PHS”) to provide medical treatment to SMCI inmates. During the thirteen-month period that is relevant to this case, PHS staff provided Conquest with around-the-clock medical care. Among other things they administered Oxycodone, a medication intended to treat acute episodes of pain, to Conquest eight times a day. They also gave him thirteen other medications, most on at least a daily basis, and catheterized him whenever he needed to urinate. In addition Conquest met at least once a month with a PHS nurse to discuss his medical condition and care, and was transported monthly to the University of Wisconsin Medical Center to see an oncologist.
In this suit Conquest seeks damages and injunctive relief against thirteen defendants, including PHS, PHS staff, and SMCI warden Gerald Berge. He asserted two theories of liability below-that the defendants were deliberately indifferent to his medical needs by failing to timely deliver his Oxycodone nine times over a thirteen-month period, and by not following his oncologist’s recommendation that he receive the Oxycodone “as needed” and
AFFIRMED.
Reference
- Full Case Name
- De'Onder CONQUEST v. Gerald BERGE
- Cited By
- 2 cases
- Status
- Published