Rodriguez v. Plymouth Ambulance Service

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ARGUED SEPTEMBER 19, 2008

Before POSNER, RIPPLE and EVANS, Circuit Judges.

Angel Rodriguez, proceeding in forma pauperis, filed this action under 42 U.S.C. § 1983 against Plymouth Ambulance Service, St. Agnes Hospital, Waupun Memorial Hospital and various Plymouth employees. Mr. Rodriguez claims that the medical providers, while acting under color of state law, violated the Eighth Amendment’s prohibition against cruel and un- usual punishment by exhibiting deliberate indifference to his serious medical needs. The district court, screening the complaint under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1), dismissed the case for failure to state a claim upon which relief could be granted. For the reasons given in this opinion, we affirm in part and vacate and remand in part the judgment of the district court.

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