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IVEY v. HARNEY

No. 94-2839.

47 F.3d 181 (1995)

Bobby IVEY, Plaintiff-Appellee, v. Michael K. HARNEY, et al., Defendants. Appeal of ILLINOIS DEPARTMENT OF CORRECTIONS.

United States Court of Appeals, Seventh Circuit.

Decided January 23, 1995.

Attorney(s) appearing for the Case

Matthew A. Rooney, Ronald G. Hayden (argued), Mayer, Brown & Platt, Chicago, IL, for plaintiff-appellee.

Susan Frederick Rhodes, Asst. Atty. Gen., Chicago, IL (argued), for Illinois Dept. of Corrections.

Michael W. Condon, Michael D. Bersani, Hervas, Sotos & Condon, Itasca, IL, for LaSalle County Comm., Anthony Condi and Ed Adams.

Robert J. Baron, Roos, Pitts & Poust, Joliet, IL, for Dr. Haney.

Before EASTERBROOK, MANION, and ROVNER, Circuit Judges.

EASTERBROOK, Circuit Judge.

While confined at the jail in LaSalle County, Illinois, Bobby Ivey slipped in the shower and hurt his back. He filed an action under 42 U.S.C. § 1983, contending that the medical care provided for his injury violated his rights under the eighth amendment to the Constitution, applied to the states by the fourteenth. By making a claim under the Constitution rather than the common law of torts, Ivey undertook a difficult task. To prevail...

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