Whelen v. Chief Penouilh, et al.

Whelen v. Chief Penouilh, et al.
(January 2009)

Thomas P. Anzelmo and Kyle P. Kirsch won a victory in favor of Jean M. Llovet and Dr. Green in a case entitled Whelen v. Penouilh, 2009 WL 86667 (E.D. La. 2009). The plaintiff sued the defendants alleging his Civil Rights were violated when the defendants allegedly failed to provide him adequate medical care for his diabetes which he claimed led him to become legally blind. The District Court dismissed plaintiffs’ inadequate medical care claims against Llovet and Dr. Green because plaintiffs Complaint, as amended by his testimony at the Spears hearing, was insufficient to establish a §1983 claim since his medical records and testimony on cross-examination established that “he received constitutionally adequate medical care . . ..”