Hesse and Arend prevail in Motion for Summary Judgment

Christina Hesse and Chesney Arend of Duke Evett in Idaho prevailed on a Motion for Summary Judgment involving a 42 U.S.C. § 1983 civil rights claim alleging a medical provider acted with deliberate indifference to Plaintiff’s medical needs, in violation of the Eighth Amendment. Hesse and Arend argued the defendant medical provider did not violate Plaintiff’s Eighth Amendment right to adequate medical treatment because Plaintiff was, in fact, offered medical care that he declined, “to show the courts” the extent of his claimed injury. The U.S. District Court granted the Motion for Summary Judgment and dismissed the entire action, holding that the Plaintiff’s constitutional right to adequate prison medical treatment was not violated because “[Plaintiff], like all individuals, had a right to refuse the recommendation for surgery, but [] cannot then complain to this Court that he did not receive the treatment he refused.”