COTTS v. OSAFO

No. 10-3687.

692 F.3d 564 (2012)

Peter COTTS, Plaintiff-Appellant, v. Seth OSAFO, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 10, 2012.


Attorney(s) appearing for the Case

Irina Y. Dmitrieva (argued), David Jimenez-Ekman , Attorneys, Jenner & Block LLP, Chicago, IL, for Plaintiff-Appellant.

Michael John Charysh (argued), Richard A. Tjepkema , Attorneys, Charysh & Schroeder, Ltd., Chicago, IL, for Defendants-Appellees.

Before CUDAHY, POSNER, and WILLIAMS, Circuit Judges.


WILLIAMS, Circuit Judge.

Peter Cotts maintains that prison officials were deliberately indifferent to the complications from his painful hernia. Both parties agreed that the jury should receive instructions based on our pattern jury instructions for deliberate indifference claims. Yet the instructions the jury received, over objections from both sides, suggested that "cruel and unusual punishment" was an independent element of liability above and beyond a showing...

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