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Al-Turki v. Robinson, 762 F.3d 1188 (10th Cir. 2014) 

Jul 29, 2014

The Tenth Circuit affirmed the denial of qualified immunity to prison officials in this Eighth Amendment case brought pursuant to 42 U.S.C. § 1983, where a prisoner with kidney stones alleged that he was not given prompt medical treatment and that his requests for medical attention were ignored. The court held that the prisoner’s several hours of untreated severe pain satisfied the objective element of the “deliberate indifference” test. It further held that the law was clearly established that a deliberate indifference claim arises when medical professionals deny care even though they are presented with recognizable symptoms that potentially create a medical emergency.