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RICE EX REL. RICE v. CORRECTIONAL MEDICAL SERVICES

Nos. 09-2804, 10-2389.

675 F.3d 650 (2012)

Estate of Nicholas D. RICE, deceased, by: Rick D. RICE and Diane J. Waldrop, co-personal representatives, Plaintiff-Appellant, v. CORRECTIONAL MEDICAL SERVICES, a Missouri corporation, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 20, 2012.

Attorney(s) appearing for the Case

Sean W. Drew, I , Attorney, Michael R. Dezsi (argued), Drew Law Office, Niles, MI, for Plaintiff-Appellant.

Michael B. Brennan (argued), Attorney, Gass Weber Mullins LLC, Milwaukee, WI, James F. Bleeke , Attorney, Bleeke Dillon Crandall, PC, Indianapolis, IN, Melanie L. Farr , Attorney, Haller & Colvin, Fort Wayne, IN, Nathaniel M. Jordan , Attorney, Yoder, Ainlay, Ulmer & Buckingham, Goshen, IN, Lyle R. Hardman , Attorney, Hunt, Suedhoff & Kalamaros LLP, South Bend, IN, David C. Jensen , Attorney, Eichhorn & Eichhorn, LLP, Hammond, IN, for Defendants-Appellees.

Before FLAUM, ROVNER, and EVANS, Circuit Judges.

ROVNER, Circuit Judge.

Nicholas D. Rice died in the Elkhart County Jail in December 2004, nearly fifteen months after he was booked at the jail pending trial on a charge of attempted bank robbery. Rice was known to suffer from schizophrenia, and shortly before his death a judge had found him incompetent to stand trial. Although he was seen by mental health professionals while he was being detained, Rice frequently refused to take his prescribed medications, cooperate...

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