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Robinson v. City of West Allis11/23/1999
by denying him adequate medical care.
. The Court of Appeals, in affirming the trial court's grant of summary judgment to the police, opined that to constitute cruel and unusual punishment: "Only inattention to serious injury (or signs of serious injury) amounts to a constitutional violation; the due process clause does not require hospital care for minor injuries." Id. at 1291. Even if we evaluate the facts in the light most favorable to Robinson, Robinson has submitted no evidence to suggest he suffered a serious illness or injury. Besides the temporary effects of the pepper spray, Robinson's only complaint at the scene of the arrest was his shortness of breath, which ultimately subsided. Although he also had some minor cuts to his face and bruises as a result of his struggles with the police, these minor complaints do not rise to the level of a serious illness or injury. Under the applicable case law, Robinson's claim that the officers were deliberately indifferent to his medical needs fails.
. In sum, the City's request for summary judgment should have been granted on both claims. Accordingly, we reverse and remand to the trial court for entry of an order dismissing Robinson's claims.
By the Court. -- Order reversed and cause remanded with directions.
This opinion will not be published. See Rule 809.23(1)(b)5, Stats.
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