In a case alleging violation of the Eighth Amendment’s prohibition against cruel and unusual punishment against private entities under 42 U.S.C. section 1983, dismissal of the case for failure to state a claim is affirmed in part and vacated and remanded in part to allow the plaintiff to conduct discovery for the true identity of the defendants. Section 1983 may impose liability on a private entity when he/she is a physician employed by the state to provide medical services to state prison inmates, and the physician’s conduct in providing medical services is fairly attributable to the state.
Read Rodriguez v. Plymouth Ambulance Service, et. al., No. 06-4260
Appellate Information
Appeal from the United States District Court for the Eastern District of Wisconsin.Argued September 19, 2009Decided August 18, 2009
Judges
Before EVANS and Posner and Ripple Circuit Judges Opinion by Ripple,Circuit Judge.
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