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Abstract: 

Rodriguez v. Plymouth Ambulance Service. Section 1983, Title 42 of the U.S. Code, originally part of the Civil Rights Act of 1871, provides for a cause of action against persons who, acting under color of state law, violate a clearly established right created by the Constitution or federal laws. When a defendant is not a government official or employee, the threshold question is whether that defendant acted “under color of state law.” The answer decides whether a case may be brought in federal court under §1983 or whether it is a matter of state tort law. In Simpson v Suliene, 2009 U.S. App. LEXIS 16636 (7th Cir. July 29, 2009) the Seventh Circuit found that the mere presence of pancytopenia, a condition of marked reduction in red and white cells and platelets, was insufficient to establish an objectively serious medical need.

Keywords: Kettle Moraine, St. Agnes Hospital, IV, staphylococcus aureus, HIV-positive

Affiliations:  1: Pace University School of Law Library.