GUTIERREZ v. PETERS

No. 93-2366.

111 F.3d 1364 (1997)

Carlos M. GUTIERREZ, Plaintiff-Appellant, v. Howard A. PETERS, III, Director, Illinois Department of Corrections, George E. Detella, Warden, Danville Correctional Center, Early Laster, Assistant Warden, Danville Correctional Center, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 23, 1997.


Attorney(s) appearing for the Case

Roger Pascal, Neil Lloyd (argued), Schiff, Hardin & Waite, Chicago, IL, for Plaintiff-Appellant.

Claudia E. Sainsot, A. Benjamin Goldgar (argued), Office of the Attorney General, Chicago, IL, Thomas S. Gray, Office of the Attorney General, Springfield, IL, for Defendants-Appellees.

Before CUMMINGS, BAUER, and FLAUM, Circuit Judges.


CUMMINGS, Circuit Judge.

Carlos Gutierrez brought this suit under 42 U.S.C. § 1983, complaining that the allegedly inadequate medical care he received for an infected cyst while imprisoned at the Danville Correctional Center rose to the level of cruel and unusual punishment under the Eighth Amendment. The district court granted defendants' motion for judgment on the pleadings and denied a like motion submitted by Gutierrez.1 For the...

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