This is a civil rights case decided by the 10th Circuit Court of Appeals this week where Mr. Homaidan Al-Turki argues the Eighth Amendment to the United States Constitution was violated when he was denied medical care while he was a prisoner at Limon Correctional Facility in Colorado.
Mr. Al-Turki was a prisoner of the Limon Correctional Facility. While an inmate he began to feel severe pain in his left side and abdomen. “The pain was so severe that that he collapsed, vomited, and believed he was dying.” Al-Turki v. Robinson, et al. No 13-1107, *3 (10th Cir. Aug. 12, 2014 ). Mr. Al-Turki tried to reach a correctional officer by intercom in his cell. Apparently the officer arrived (the court’s summary is silent to this point) and he told the officer he was “experiencing severe chest pain and naseau, and he asked to be taken to the medical center.” Id. There was only one employee, Nurse Mary Robinson, who was the only medical staff on duty at the time. Id. The officer told the nurse about Mr. Al-Turki’s symptoms. Id. at 3-4.
Defendant [Nurse Robinson] knew that severe abdominal pain may be a symptom of several serious and potentially life-threatening conditions. Defendant also knew that Plaintiff had Type II diabetes and that this made him more susceptible to certain serious illnesses, for some of which pain is an initial symptom. However, Defendant told the officer she would not see Plaintiff because
it was too late and because Plaintiff’s complaint was not an emergency.
— Id. at 4.
Mr. Al-Turki either lost consciousness or fell asleep about three to four hours after the first complaint of pain. Id. He later woke about four hours later feeling somewhat less pain. Id. The pain subsided in another two hours. Id. The pain was caused by the passing of two kidney stones. Id. at 5.