SPIKES v. McVEA

No. 19-30019.

8 F.4th 428 (2021)

Larce SPIKES, Plaintiff-Appellee, v. Casey McVEA, Doctor; Lesley Wheat, Nurse; Paula Stringer, Nurse; Wendy Seal, Nurse; R. Bowman, Nurse, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed August 11, 2021.


Attorney(s) appearing for the Case

Elizabeth Cumming , Hannah Lommers-Johnson , Roderick & Solange MacArthur Justice Center, New Orleans, LA, for Plaintiff-Appellee.

Christopher Neal Walters , Assistant Attorney General, Louisiana Department of Justice, Baton Rouge, LA, William David Coffey , Assistant Attorney General, Louisiana Department of Justice, Litigation Division, Angela Jacketti O'Brien , Office of the Attorney General for the State of Louisiana, New Orleans, LA, for Defendants-Appellants.

Before Higginbotham, Smith, and Dennis, Circuit Judges.


We are asked today if confessed malpractice in medical treatment insulates Defendants from a finding of deliberate indifference. The district court determined that there was enough evidence to conclude that Defendants' conduct went beyond malpractice, rising to the level of an Eighth Amendment violation. We...

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