Luther v. Compton

OPINION

BIRCH, Justice.

I

We granted review in this case to determine if the plaintiff should be allowed to conduct additional discovery on his claim that the defendants 1 were “deliberately] indifferen[t]” to his serious medical needs. In addition, we will consider whether the plaintiffs 42 U.S.C. § 1983 and negligence claims were properly dismissed pursuant to the defendants’ motion for summary judgment. Because we conclude that the plaintiffs assertions of deliberate indifference do not state an independent cause of action but are, instead, part of his 42 U.S.C. § 1983 claim, we reverse only…