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MAJORS v. ENGELBRECHT

No. 97-2174.

149 F.3d 709 (1998)

Orville Lynn MAJORS, Plaintiff-Appellant, v. Katie ENGELBRECHT, Kay Leach, Nancy McKee, George Patton, Juanita Richards, and Brenda Smith, individually and in their official capacities as members of the Indiana State Board of Nursing, Pamela Carter, individually and in her official capacity as Attorney General of the State of Indiana, Michael Aikman, Alan Fortner, Joan Kanizer, Mike Carty, Butch O'Neal, and Norma Hughes, individually and as members of the Board of Trustees of Vermillion County Hospital, and John Ling, Jr., individually and as former president and chief executive officer of Vermillion County Hospital, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 23, 1998.

Attorney(s) appearing for the Case

I. Marshall Pinkus, Dutton & Overman, Craig Pinkus (argued), Lowe, Gray, Steele & Darko, Indianapolis, IN, for Plaintiff-Appellant.

Jon B. Laramore (argued), Office of the Attorney General, Indianapolis, IN, for Defendants-Appellees Katie Engelbrecht, Kay Leach, Nancy McKee, George Patton.

Donald D. Levenhagen (argued), Hill, Fulwider, McDowell, Funk & Matthews, Indianapolis, IN, for Defendant-Appellee Michael Aikman.

Before FLAUM, DIANE P. WOOD, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

From 1993 to 1995 Orville Lynn Majors worked as a licensed practical nurse (LPN) in the intensive care unit (ICU) of Vermillion County Hospital (since renamed West Central Community Hospital) in Clinton, Indiana. Although he may have been a competent nurse, he had one problem: an incredibly high number of elderly patients died under his watch. By 1995, after rumors that he was euthanizing patients started to circulate, the hospital...

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