Pro se prisoner litigant defeats Florida Department of Correction’s Motion for Summary Judgment

us-court-photoClick here to read the Order – Corizon suit
Pro se Plaintiff Mr. Johnny Gaffney is a Florida state prisoner. He is suing the Department of Corrections and their privatized healthcare providers. United States Judge Mark E Walker just denied DOC’s Motion for Summary Judgment. The Judge will allow Mr. Gaffney the opportunity to amend his complaint, and seeks pro bono counsel to take on his case.

“This Court concludes that there are three genuine disputes of material fact which preclude summary judgment for the Corizon Defendants. The first is the reason why Mr. Gaffney received Ibuprofen rather than Neurontin. The second is why Mr. Gaffney didn’t see the neurosurgeon for nearly two years after that neuro- surgeon determined to follow up after the injections. Considering Mr. Gaffney’s evidence, a reasonable jury could find that these weren’t exercises of medical judgment. A medically unjustified delay or a decision to use less effective treatment to save money could be deliberate indifference within the meaning of the Eighth and Fourteenth Amendments.

Third, Corizon—a private entity performing a function traditionally the exclusive prerogative of the government—may be held liable for constitutional violations under 42 U.S.C. §1983 only if its policy or custom caused the constitutional injury.”

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