Wednesday, February 17, 2016
Ind. Decisions - 7th Circuit decides two Indiana cases today
In Alma Glisson v. Correctional Medical Services (SD Ind., Barker), a 28-page, 2-1 opinion, Judge Bauer writes:
Plaintiff-appellant, Alma Glisson (“Appellant”), sued Correctional Medical Services, Inc., also known as Corizon, Inc. (“CMS”), its employees Dr. Malaka G. Hermina (“Dr. Hermina”), Mary Combs, R.N. (“Nurse Combs”), and the Indiana Department of Corrections (“IDOC”) (collectively “Appellees”), on behalf of her deceased son, Nicholas Glisson (“Glisson”). Glisson died while incarcerated at Plainfield Correctional Facility (“Plainfield”) in Plainfield, Indiana. The lawsuit’s federal claims arise under 42 U.S.C. § 1983 (“§ 1983”), specifically alleging that Appellees did not offer Glisson constitutionally adequate medical care, and that this failure violated his Eighth Amendment rights against cruel and unusual punishment. The district court granted summary judgment in favor of Appellees on all federal claims, and remanded the remaining state law claims. Appellant now only appeals the grant of summary judgment in favor of CMS, arguing that CMS’s failure to implement a particular IDOC Health Care Service Directive (the “Directive”) violated Glisson’s Eighth Amendment rights. However, because Appellant has not produced legally sufficient evidence to demonstrate a genuine issue of material fact on this matter, we affirm summary judgment for CMS. * * *In Chad Taylor v. Sardar Biglari (SD Ind., Barker), a 10-page opinion, Judge Posner writes:
WOOD, Chief Judge, dissenting [pp.10-28, concluding][ILB emphasis] Nicholas Glisson may not have been destined to live a long life, but he was managing his difficult medical situation successfully until he fell into the hands of the Indiana prison system and its medical-care provider, Corizon. Forty-one days after he entered custody, he was dead. On this record, a jury could find that Corizon’s obdurate failure to enact centralized treatment protocols for chronically ill inmates led directly to his death. I would reverse the judgment below and remand for a trial.
This is a shareholder derivative suit against the directors of an Indiana company, Biglari Holdings, Inc., that owns two restaurant chains, Western Sizzlin’ and Steak ‘n Shake, both of which operate some restaurants, and franchise others, in many U.S. states. * * *
Given the stringency of the Indiana standard of demand futility and the lack of strong support for the plaintiffs’ claims to demonstrate that futility, the three challenged transactions, whether examined individually or together, cannot be deemed so oppressive to shareholders as to create a substantial doubt that the transactions were the product of a valid exercise of business judgment by an unbiased and independent board. Demand futility has not been shown. The judgment of the district court is therefore AFFIRMED.
Posted by Marcia Oddi on February 17, 2016 03:34 PM
Posted to Ind. (7th Cir.) Decisions