DERFINY v. Bouchard

ORDER AND OPINION DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [32-3] 1

TARNOW, District Judge.

I. Introduction

This case is composed of two independent lawsuits initiated by plaintiff Stephen Derfiny which were consolidated. Mr. Derfiny’s claims are based on his alleged medical injuries suffered as a result of inadequate medical treatment received while incarcerated.

The defendant Pontiac Osteopathic Hospital (POH) motioned the court for summary judgment on a number of grounds. The defendant argued that the plaintiffs § 1983 claim, his gross negligence claim, and his medical malpractice…