Miller v. Campanella

Illinois inmate Miller sued under 42 U.S.C. 1983, claiming deliberate indifference to his gastroesophageal reflux disease (GERD), which can cause severe heartburn. When Miller arrived at the prison he was taking Zantac for his GERD, but his prescription expired. At his intake screening he stated that he suffers from GERD and that he took prescription medication for it. He later told the director of nursing that he wanted his prescription renewed. A month later he saw another nurse, who scheduled him to see a doctor the following day. The appointment was cancelled because the prison was on lockdown. A guard whom he told that he needed to see a doctor replied that he should file a grievance, which he did. Though he marked it “emergency,” the warden determined that it was not an emergency, which meant that Miller could not see a doctor until the lockdown ended. During the two months before he saw a doctor, he complained repeatedly to staff about his GERD, to no avail. Once, upon vomiting stomach acid, he pressed an emergency button. A guard stated “you are not bleeding, you are not dead… it can’t be an emergency.” Eventually, the doctor renewed his prescription. The district court granted the defendants summary judgment. The Seventh Circuit reversed, stating that the judge engaged in “medical speculation.” View "Miller v. Campanella" on Justia Law