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GREEN v. CARLSON

No. 86-2096.

826 F.2d 647 (1987)

Maria GREEN, Administratrix of the Estate of Joseph Jones, Jr. (a/k/a Roscoe Simmons), and next of kin of Joseph Jones, Jr., Plaintiff-Appellee, v. Norman CARLSON, Robert L. Brutsche, M.D., and Benjamin DeGracias, M.D., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 13, 1987.

Attorney(s) appearing for the Case

John F. Joyce, Bose, McKinney & Evans, Michael A. Bergin, Locke, Reynolds, Boyd & Weisell, Indianapolis, Ind., for defendants-appellants.

G. Flint Taylor, Jr., Trueblood, Harmon, Carter & Cook, Terre Haute, Ind., for plaintiff-appellee.

Before FLAUM and MANION, Circuit Judges, and GORDON, Senior District Judge.

FLAUM, Circuit Judge.

Eleven years ago, Maria Green brought this suit, contending that her son's death in the infirmary of the United States Penitentiary at Terre Haute was due to the defendants' deliberate indifference to his serious medical needs. At the close of discovery, the defendants moved for summary judgment on grounds of qualified immunity. The district court, without reference to the specific facts of the case, held that the

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