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Click here for the full text of this decision FACTS:Anthony J. Gobert was formerly an inmate confined to the Elayn Hunt Correctional Center in St. Gabriel, La. Dr. Michael Hegmann, medical director, and Dr. Larry Caldwell, a staff physician (collectively, physician appellants), worked at the EHCC during Gobert’s term of imprisonment. On June 14, 2000, while on work release as a “hopper” on a garbage collection truck, Gobert’s right leg was crushed below the knee when the truck collided with another vehicle. He underwent immediate surgery and initial recovery at St. Anne General Hospital in Raceland, La. There, Morris applied an external fixator to stabilize Gobert’s injured leg and placed him on intravenous antibiotics. Morris’s discharge summary indicated that Gobert should continue antibiotic treatment and wound cleansing and that he should have periodic visits with an orthopedic specialist. On June 26, 2000, Gobert was admitted into the 24-Hour Unit at the EHCC infirmary due to the risk of infection. Caldwell, Gobert’s primary physician, personally examined Gobert on three occasions during the span of two and one half months, and apparently issued orders on nine occasions. Though not named in this suit, a nurse practitioner, Joni Nickens, participated in Gobert’s care, in addition to other doctors and medical staff. Gobert complained of wound related discomfort or apprehension concerning the care of his leg on five occasions. On Sept. 6, 2000, Gobert was released from prison, and on Sept. 11, 2000, he sought private medical treatment. On the day of his appointment, Sept. 18, 2000, Wilson diagnosed Gobert with osteomyelitis, which required multiple corrective surgeries � the first of which was performed on Oct. 3, 2000. On July 2, 2001, Gobert filed this 42 U.S.C. �1983 action, alleging that the physician appellants’ failure to treat his injured and infected leg constituted a violation of his Eighth Amendment right to medical treatment for serious medical need. After denial of their motion to dismiss, the physician appellants moved for summary judgment and now appeal the denial of qualified immunity. HOLDING:Reversed. In determining whether an official enjoys immunity, the court asks 1. whether the plaintiff has demonstrated a violation of a clearly established federal constitutional or statutory right and 2. whether the official’s actions violated that right to the extent that an objectively reasonable person would have known. The open wound posed a substantial health risk to Gobert’s health. As Gobert also argues, knowledge of the health risk inherent in the type of wound establishes the requisite awareness. Gobert points to Caldwell’s deposition, in which Caldwell testified that an infection, such as osteomyelitis, was a concern, particularly due to the nature of Gobert’s wound. Caldwell testified, in a qualified manner, that he would want to examine such a wound every other day, depending on the nurses’ reports. The court agrees. There is no question but that Caldwell was aware of a substantial risk of serious harm to Gobert from the nature of the wound itself, satisfying the requisite state of mind for the first prong of the deliberate indifference inquiry. No disputed fact question, when resolved in favor of Gobert, rises to the level of egregious intentional conduct required to satisfy the exacting deliberate indifference standard. The record of extensive medical treatment spanning the final two and one half months of Gobert’s incarceration and the lack of evidence to establish the necessary culpable intent say otherwise. Although the court agrees that a trier of fact might find negligence in the one week lapse in antibiotic treatment and the surrounding circumstances, deliberate indifference to serious medical need could not be sustained and cannot as a matter of law support a finding of a violation of Gobert’s constitutional right to be free of cruel and unusual punishment. OPINION:Higginbotham, J.; Higginbotham, Davis and Stewart, JJ.

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