Miller v. Marberry

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On the day he was moved to a new unit at the Terre Haute prison, Miller told a circulating guard, Rogers, that he had a brain tumor and was entitled to a lower bunk. Rogers replied that Miller must follow his assignment or be put on report . Days later, Miller fell out of the bunk. He was examined in the emergency room, then returned to the prison, where he still had an upper bunk. He again complained to Rogers, but did not follow procedures for obtaining a new bunk assignment. He subsequently fell out of the bunk and broke his back. After surgery, he was temporarily returned to the upper bunk. Contending that he should have been in a lower bunk, Miller sought compensation, naming two defendants, Rogers, and then-warden Marberry. Miller did not seek relief from any physician or nurse, although the prison’s medical department is responsible for deciding who has a medical need for a lower bunk, nor did he sue the guard responsible for making bunk assignments. The district court granted the defendants summary judgment. The Seventh Circuit affirmed, rejecting an argument that there is a material dispute about what Rogers would have found, had he consulted the database. Inaction following receipt of a complaint about someone else’s conduct is not a source of liability, View "Miller v. Marberry" on Justia Law