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Pennsylvania Jail Detainee's Complaint over Tight Ankle Monitor Survives Motion for Summary Judgment
In April 2009, the U.S. District Court for the Eastern District of Pennsylvania ruled that "so many genuine disputes of material fact" existed with respect to a jail detainee's complaint alleging violations of his First and Fourteenth Amendment rights that summary judgment for the defendant jail official was inappropriate.
Patrick Wilson alleged that, while confined in county jail, defendant Kate Zielke placed an ankle monitor on his leg; that it remained there for a period of 12 days and that, because it was too tight, it caused Wilson to experience progressively worse pain and suffering; that Wilson complained to Zielke about the ankle monitor being too tight; that Zielke neither loosened the ankle monitor nor sought to obtain medical treatment for Wilson; and that, as a result, Wilson suffered pain, swelling, numbness, bleeding, infection, and nerve damage.
Wilson alleged that Zielke left the ankle monitor in place for 12 days in part to retaliate against him for complaining about it, in violation of his First Amendment rights, and that Zielke was deliberately indifferent to his serious medical needs, in violation of his Fourteenth Amendment rights as a pre-trial detainee.
The Court denied Zielke's motion for summary judgment. See: Wilson v. Zielke, Case No. 2:06-cv-02450-CDJ (U.S.D.C., E.D. Penn., 2009).
Patrick Wilson alleged that, while confined in county jail, defendant Kate Zielke placed an ankle monitor on his leg; that it remained there for a period of 12 days and that, because it was too tight, it caused Wilson to experience progressively worse pain and suffering; that Wilson complained to Zielke about the ankle monitor being too tight; that Zielke neither loosened the ankle monitor nor sought to obtain medical treatment for Wilson; and that, as a result, Wilson suffered pain, swelling, numbness, bleeding, infection, and nerve damage.
Wilson alleged that Zielke left the ankle monitor in place for 12 days in part to retaliate against him for complaining about it, in violation of his First Amendment rights, and that Zielke was deliberately indifferent to his serious medical needs, in violation of his Fourteenth Amendment rights as a pre-trial detainee.
The Court denied Zielke's motion for summary judgment. See: Wilson v. Zielke, Case No. 2:06-cv-02450-CDJ (U.S.D.C., E.D. Penn., 2009).
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Related legal case
Wilson v. Zielke
| Year | 2009 |
|---|---|
| Cite | Case No. 2:06-cv-02450-CDJ (U.S.D.C., E.D. Penn., 2009) |
| Level | District Court |
| Injunction Status | N/A |