Larry Richardson v. Nathan Falk
CourtCourt of Appeals for the Sixth Circuit
Date FiledAugust 6, 2026
Docket25-1867
JudgeJeffrey S. Sutton; David W. McKeague; John K. Bush
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 26a0220p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
┐
LARRY RICHARDSON,
│
Plaintiff-Appellee, │
> No. 25-1867
│
v. │
│
NATHAN FALK, │
Defendant-Appellant. │
┘
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:23-cv-10488—Susan K. DeClercq, District Judge.
Argued: July 29, 2026
Decided and Filed: August 6, 2026
Before: SUTTON, Chief Judge; McKEAGUE and BUSH, Circuit Judges.
_________________
COUNSEL
ARGUED: Lars H. Kivari, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing,
Michigan, for Appellant. Bryan Lammon, FINAL DECISIONS PLLC, Richmond, Virginia, for
Appellee. ON BRIEF: Lars H. Kivari, OFFICE OF THE MICHIGAN ATTORNEY
GENERAL, Lansing, Michigan, for Appellant. Bryan Lammon, FINAL DECISIONS PLLC,
Richmond, Virginia, Samuel Weiss, RIGHTS BEHIND BARS, Washington, D.C., for Appellee.
_________________
OPINION
_________________
McKEAGUE, Circuit Judge. This case asks us to decide whether Nathan Falk (a
corrections officer) is entitled to qualified immunity for failing to immediately provide
No. 25-1867 Richardson v. Falk Page 2
healthcare to Larry Richardson (an inmate) when Richardson complained of chest pain but
showed no external signs of distress.
The evidence in the record shows that Richardson approached Falk to complain of bad
chest pains. Richardson also said that he needed to go to the medical wing, and he asked Falk to
call for healthcare. Falk dismissed Richardson’s concerns and ordered him to return to his cell.
Rather than comply, Richardson sat on a nearby wheelchair. Minutes later—and only eight
minutes after his initial complaint to Falk—Richardson was taken to the medical wing for
treatment. After Richardson spent about an hour waiting for treatment in the medical wing, he
had a heart attack. He sued Falk, claiming that Falk’s actions—which delayed his trip to the
medical wing by eight minutes—violated his Eighth Amendment rights.
Falk filed a motion for summary judgment arguing that he was entitled to qualified
immunity. The district court denied Falk’s motion. However, caselaw did not put Falk on
notice—beyond debate—that failing to immediately respond to solely an oral complaint of chest
pain violates the Eighth Amendment. Because Falk did not violate a clearly established
constitutional right, he is entitled to qualified immunity, so we REVERSE and REMAND for
entry of judgment in favor of Falk.
I. BACKGROUND
A. Factual Background
Larry Richardson is an inmate under the Michigan Department of Corrections’s custody.
He regularly experiences moderate chest pain due to heart issues. On January 27, 2023, while he
was incarcerated at the St. Louis Correctional Facility, Richardson started to feel more intense
chest pain than normal. He took “a nitro” (medication that increases blood flow to the heart)
hoping it would ease his discomfort, but it didn’t. Richardson Dep., R.54-4 at PageID 434-35.
Around 8:44 PM, Richardson approached Corrections Officer Nathan Falk and complained of
“bad chest pains.” Id. at PageID 439-40. Richardson also told Falk that he “needed to go to
healthcare” and “needed [Falk] to call healthcare.” Id. According to Richardson, even though
No. 25-1867 Richardson v. Falk Page 3
Falk had called healthcare on his behalf in the past, id. at PageID 433,1 this time, Falk “was
dismissive” of Richardson’s complaint and refused to contact healthcare. Id. at PageID 440.
Instead, Falk ordered Richardson to go back to his cell. Rather than comply, Richardson said: “I
got sudden death syndrome, I could die at any given minute. I can drop dead. I am not going
back to the cell and doing that.” Id. Allegedly, Falk responded: “Don’t drop dead on my base.
Go back to your cell.” Id. Richardson also claims that Falk threatened to send him “to the hole”
if he did not return to his cell. Id.
Once again, Richardson did not comply. He walked across the room and sat in a
wheelchair. At this point, it was around 8:49 PM. Richardson sat, undisturbed, for close to three
minutes. Around 8:52 PM, a “wheelchair pusher[]” arrived to take Richardson to the medical
wing. Id. at PageID 441-42. Richardson testified that while he was sitting in the wheelchair, a
different prison official—“Sergeant Hammer”—approached him and told him that he would be
taken to the medical wing. Id. at PageID 441. According to Richardson’s testimony, Sergeant
Hammer is the official who called healthcare on his behalf, although Sergeant Hammer
“conveyed his doubts about [Richardson] really having chest pains and a heart attack[,] . . .
believ[ing] [Richardson] was faking.” Id. at PageID 432. It is unclear from the record how
Sergeant Hammer became aware of Richardson’s desire to go to the medical wing. All told,
eight minutes elapsed between Richardson’s complaint to Falk and his transportation to the
medical wing.
Once he arrived in the medical wing, Richardson waited “for about a[n] hour” without
receiving medical care. Id. at PageID 443. Richardson speculates that he was not treated
immediately because he “wasn’t hunched over crying and screaming and hollering.” Id. When
he “couldn’t take it anymore,” he told a nearby guard that he needed healthcare. Id. That’s
when Richardson collapsed to the floor and suffered a heart attack. Medical staff “started
compressions” on Richardson’s chest and called an ambulance. Id. The ambulance personnel
1Richardson testified that Falk called healthcare on his behalf on December 16 and December 18, 2022.
The corresponding medical record for December 16 shows that Richardson completed a COVID screening after an
off-site appointment. There is no corresponding record for the alleged December 18 healthcare call. Some of
Richardson’s medical records include handwritten notations (in Richardson’s handwriting) stating that Falk took
Richardson to offsite medical appointments, but Richardson testified that Falk was not involved in transporting him
to the hospital.
No. 25-1867 Richardson v. Falk Page 4
used a defibrillator to stabilize Richardson’s heart rhythm as they took him to the hospital.
Richardson recovered.
B. Procedural History
Richardson filed a lawsuit alleging Falk violated his Eighth Amendment right to be free
from deliberate indifference to medical needs and his Fourteenth Amendment right to due
process. Falk filed a motion for summary judgment seeking qualified immunity on Richardson’s
Eighth Amendment claim and dismissal of the Fourteenth Amendment claim (arguing that
Richardson’s only claim as a prisoner, rather than a pretrial detainee, was the Eighth Amendment
claim). A magistrate judge issued a Report and Recommendation that dismissed Richardson’s
Fourteenth Amendment claim but denied Falk’s assertion of qualified immunity for the Eighth
Amendment claim. To the magistrate judge, a reasonable jury could find that (1) Richardson
experienced an objectively serious medical need, (2) Falk was aware that Richardson had a
substantial risk of serious harm, and (3) Falk consciously disregarded that risk.
Over Falk’s objections, the district court adopted the magistrate judge’s Report and
Recommendation, concluding that the record contained sufficient evidence from which a
reasonable jury could rule in Richardson’s favor on both the objective and subject elements of
the constitutional violation. The district court first determined that Richardson survived
summary judgment on the objective element because “a reasonable jury could find that
Richardson’s complaints of bad chest pains demonstrated an obvious need for medical care, and
that a layman like Falk would be able to recognize that need.” Op. & Order, R.66 at PageID 558.
Then, pointing to evidence showing that Falk ordered Richardson to return to his cell after
learning of Richardson’s serious medical needs, the district court determined that Richardson
survived summary judgment on the subjective element as well. Addressing qualified immunity’s
second prong, the district court concluded that that an out-of-circuit case, Tlamka v. Serrell, 244
F.3d 628 (8th Cir. 2001), put Falk on notice that his conduct violated a clearly established
constitutional right. This appeal followed.
No. 25-1867 Richardson v. Falk Page 5
II. ANALYSIS
Under the Eighth Amendment, prison officials cannot inflict “cruel and unusual
punishments” on persons convicted of crimes. U.S. Const. amend. VIII. “[O]fficials violate this
prohibition if they show ‘“deliberate indifference” to a substantial risk of serious harm’ to
prisoners.” Pearson v. Mich. Dep’t of Corr., 170 F.4th 1027, 1037 (6th Cir. 2026) (quoting
Farmer v. Brennan, 511 U.S. 825, 828 (1994)). This extends to medical care; prison officials
“can run afoul of the ban on ‘cruel and unusual punishments’ by failing to give prisoners the
medical care that they need to prevent ‘pain and suffering’ from their health conditions.”
Phillips v. Tangilag, 14 F.4th 524, 532 (6th Cir. 2021) (quoting Estelle v. Gamble, 429 U.S. 97,
103-04 (1976)).
Falk asserts that he is entitled to qualified immunity on Richardson’s Eighth Amendment
claim. When an officer invokes qualified immunity, he is entitled to judgment as a matter of law
unless the plaintiff can show that (1) the officer violated a constitutional right, and (2) at the time
of the events, that right was clearly established. Pearson v. Callahan, 555 U.S. 223, 232, 236
(2009). The district court held that Richardson cleared those hurdles, denying Falk’s qualified-
immunity-based motion for summary judgment. We review this type of collateral order de novo.
Salter v. City of Detroit, 133 F.4th 527, 535 (6th Cir. 2025).
The collateral-order doctrine limits the issues we can review “in a qualified-immunity
denial.” Williams v. City of Canton, 168 F.4th 933, 938 (6th Cir. 2026). In this type of appeal,
“[w]e can generally review ‘purely legal’ questions but cannot resolve quarrels with a plaintiff’s
record-supported facts.” Cotton v. Hughes, 176 F.4th 886, 898 (6th Cir. 2026) (quoting Salter,
133 F.4th at 534). On appeal, Falk argues that the district court erred at every step (and substep)
of the analysis. Some of his challenges are based on legal questions; others are fact-based. But
raising both kinds of challenges does not deprive us of jurisdiction over the purely legal
questions. Clark v. Abdallah, 131 F.4th 432, 445 (6th Cir. 2025) (“When an officer raises both
factual and legal challenges, we determine the scope of our jurisdiction by ‘separat[ing] an
appellant’s reviewable challenges from its unreviewable’ ones.” (alteration in original) (quoting
Adams v. Blount County, 946 F.3d 940, 948 (6th Cir. 2020))).
No. 25-1867 Richardson v. Falk Page 6
One of Falk’s purely legal arguments is that even if we accept Richardson’s view of the
facts,2 Falk did not violate a clearly established constitutional right. See id. at 445. We start and
end by addressing this dispositive argument, which concerns the second prong of the qualified
immunity analysis. Lovell v. County of Kalamazoo, 172 F.4th 931, 936 (6th Cir. 2026); see also
DeVooght v. City of Warren, 157 F.4th 893, 898 (6th Cir. 2025).
A right is “clearly established” when, “at the time of the officer’s conduct, the law was
sufficiently clear [such] that every reasonable official would understand that what he is doing is
unlawful.” District of Columbia v. Wesby, 583 U.S. 48, 63 (2018) (internal quotations omitted)
(quoting Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011)). “In other words, existing law must
have placed the constitutionality of the officer’s conduct ‘beyond debate.’” Id. (quoting al-Kidd,
563 U.S. at 741).
We start by defining the right with the proper level of specificity. The Supreme Court
has “repeatedly stressed that courts must not ‘define clearly established law at a high level of
generality, since doing so avoids the crucial question whether the official acted reasonably in the
particular circumstances that he or she faced.’” Id. at 63-64 (quoting Plumhoff v. Rickard, 572
U.S. 765, 779 (2014)). For Eighth Amendment claims, the Sixth Circuit often starts by reciting
the general proposition that prisoners have a long-recognized right to be free from deliberate
indifference to their known medical needs. But language introducing general Eighth
Amendment principles should not be construed as the proper specificity with which courts are
required to define the contours of a clearly established right. Finley v. Huss, 102 F.4th 789, 808-
09 (6th Cir. 2024). Richardson makes this mistake by citing cases that reiterate general
principles of deliberate indifference jurisprudence and claiming the right should be defined with
such generality, as if we should merely ask whether Falk denied care to a heart attack victim.
Defining the right at Richardson’s suggested level of generality fails to address the core
element of the inquiry: given the officer’s particular circumstances, is the constitutional
2Despite relying on his own set of facts for much of his briefing, Falk eventually argues (in his reply brief
and at oral argument) that even under Richardson’s account of the events, he did not violate a clearly established
right. That framing is sufficient to establish our jurisdiction. See Williams v. City of Canton, 168 F.4th 933, 939
(6th Cir. 2026) (referencing an officer’s concession to the plaintiff’s version of the facts in his reply brief and at oral
argument).
No. 25-1867 Richardson v. Falk Page 7
violation beyond debate? Wesby, 583 U.S. at 63-64. That’s why Sixth Circuit panels only start
by reiterating general Eighth Amendment principles; when it comes time to define the right for
purposes of qualified immunity, panels look to the particular circumstances of the officer’s
interaction with a prisoner (or detainee).3 E.g., Burwell v. City of Lansing, 7 F.4th 456, 477 (6th
Cir. 2021) (articulating the long-recognized principle that “a prisoner has a right not to have his
known, serious medical needs disregarded,” and then analyzing qualified immunity through the
lens of the officer’s particular circumstances (quoting Quigley v. Tuong Vinh Thai, 707 F.3d 675,
684 (6th Cir. 2013)).
Here, the particular circumstances include what Falk knew, what Falk saw, the severity
and immediacy of Richardson’s medical needs, and Falk’s response. See, e.g., Howell v.
NaphCare, Inc., 67 F.4th 302, 318 (6th Cir. 2023) (evaluating whether an officer who “observed
[the detainee’s] condition, was tasked with monitoring him, and failed to follow policy in doing
so” violated clearly established law); Burwell, 7 F.4th at 477 (evaluating whether “declining to
render aid to an unconscious detainee lying in a pool of vomit” was a clearly established
constitutional violation). A key inquiry is whether the officer observed the prisoner “exhibiting
signs of a serious medical condition.” Howell, 67 F.4th at 318; see also Grote v. Kenton County,
85 F.4th 397, 406-07 (emphasizing the importance of “external signs of internal distress” in the
deliberate indifference analysis); Burwell, 7 F.4th at 474-75 (collecting cases about officers
witnessing symptoms of “obvious distress”); Blackmore v. Kalamazoo County, 390 F.3d 890,
899 (6th Cir. 2004) (explaining that the detainee had “vomited—a clear manifestation of internal
physical disorder”). Another key inquiry is how long the prisoner waited before receiving
treatment. See, e.g., Helphenstine v. Lewis County, 60 F.4th 305, 327 (6th Cir. 2023) (comparing
the wait time of “at least a day” to previous caselaw); Greene v. Crawford County, 22 F.4th 593,
615 (6th Cir. 2022) (noting that the defendants did not provide medical assistance “for at least
3The Eighth Amendment protects a prisoner’s right to be free from deliberate indifference, while the
Fourteenth Amendment protects a pretrial detainee’s right to be free from deliberate indifference. Lovell, 172 F.4th
at 936. Until 2021, the rights were “analyzed . . . ‘under the same rubric.’” Brawner v. Scott County, 14 F.4th 585,
591 (6th Cir. 2021) (quoting Richmond v. Huq, 885 F.3d 928, 937 (6th Cir. 2018)). And even after our Court
modified the subjective element of deliberate indifference for pretrial detainees in Brawner, the objective element of
a Fourteenth Amendment claim still matched the objective element of an Eighth Amendment claim. E.g.,
Helphenstine v. Lewis County, 60 F.4th 305, 316-17 (6th Cir. 2023). So looking to Fourteenth Amendment
deliberate indifference caselaw can still help inform the Eighth Amendment analysis so long as we do not rely on
discussions of the subjective element from post-Brawner cases.
No. 25-1867 Richardson v. Falk Page 8
two days” while the detainee suffered); Blackmore, 390 F.3d at 899 (noting that the detainee
“complained orally and in writing for over two days”).
According to Richardson’s articulation of the facts, Falk knew that (1) Richardson was
complaining of bad chest pains, (2) Richardson wanted immediate healthcare treatment, and
(3) Richardson thought he could die at any moment. But even when we rely on Richardson’s
version of the events, there is no evidence Falk observed any external signs or symptoms of a
serious medical condition. And even though Falk did not immediately send Richardson to the
medical wing, Falk did not prevent Richardson from obtaining healthcare, nor did he force
Richardson to go to “the hole” when he refused to return to his cell. In the end, Falk’s conduct
only delayed Richardson’s trip to the medical wing by eight minutes, and nothing in the record
indicates how Falk would have reacted if Richardson remained in the wheelchair for hours or
began displaying visible symptoms of distress. We define the right through the lens of the
record.
Given the requirement to define the right with particularity and tailor the right to Falk’s
particular circumstances, the question becomes: at the time of the events, was it clearly
established that an officer must immediately provide medical assistance to a prisoner who merely
complains of symptoms but does not display any external signs of distress? The answer is no.
Richardson bears the burden of showing that Falk is not entitled to qualified immunity.
Johnson v. Russell, 155 F.4th 759, 766 (6th Cir. 2025). He puts forth two arguments in an
attempt to satisfy this burden.
Richardson first argues that this case is obviously within the contours of the Eighth
Amendment right to be free from deliberate indifference to medical needs. As noted above,
Richardson insists that the right should be defined as if Falk completely denied healthcare to a
heart attack victim. Why? Because, according to Richardson, he eventually had a heart attack
and there is no evidence showing that Falk sent him to the medical wing. We reiterate that
Richardson’s proposed characterization of the analysis defines the right at a highly general level
that fails to account for Falk’s particular circumstances (i.e., what Falk knew, what Falk saw,
etc.). Additionally, this was not a complete denial of healthcare—Richardson was taken to the
No. 25-1867 Richardson v. Falk Page 9
medical wing shortly after he complained to Falk. Had Falk sent Richardson to “the hole,” or
otherwise prevented him from going to the medical wing, this would be a different case. But a
crucial element of Falk’s particular circumstances is the short time period during which Falk did
not act. Falk did not treat Richardson for eight minutes; then, a wheelchair pusher took
Richardson to the medical wing. At that point, there is nothing else Falk could have done for
Richardson’s medical needs. We define the right by looking at Falk’s failure to act immediately.
See Greene, 22 F.4th at 615 (framing the right to be free from deliberate indifference to medical
needs by looking at how long the prisoner suffered without receiving “any medical assistance”
(emphasis in original)).
As an alternative to his complete-denial-of-healthcare approach, Richardson next argues
that even if we define the right by the eight-minute delay, Falk still violated Richardson’s clearly
established rights by not immediately providing aid. To get there, Richardson cites Tlamka v.
Serrell, 244 F.3d 628 (8th Cir. 2001), an out-of-circuit case he considers “directly on point” with
Falk’s particular circumstances. Appellee Br. 39-40, D.16.
“A clearly established constitutional violation requires on-point, controlling authority or a
‘robust consensus of cases of persuasive authority.’” Ortega v. U.S. Immigr. & Customs Enf’t,
737 F.3d 435, 439 (6th Cir. 2013) (quoting al-Kidd, 563 U.S. at 742). Tlamka, the out-of-circuit
case Richardson primarily relies on (and the only case the district court relied on) for the clearly
established prong of the analysis, does nothing to counter Falk’s assertion of qualified immunity.
Tlamka is not controlling authority, and it is far from on point; it does not put Falk on notice that
his conduct violated Richardson’s rights. Ashford v. Raby, 951 F.3d 798, 804 (6th Cir. 2020). In
Tlamka, a prisoner “suffered a heart attack and collapsed in the . . . prison yard.” 244 F.3d at
630. Fellow inmates with CPR training rushed to the collapsed prisoner’s assistance and began
providing aid. Id. at 630-31. The prisoner responded well to the treatment; he “regained a more
normal color, his eyes opened, and his chest began to heave as if he was struggling to catch his
breath on his own.” Id. at 631. When a corrections officer arrived at the scene, he instructed the
inmates to stop providing medical care to the fallen prisoner. Id. The prisoner’s “condition
deteriorated immediately”; he “turned blue, and his chest began ‘hitching.’” Id. As the prisoner
continued to “turn[] a darker shade of blue and purple,” the officers did not “provide
No. 25-1867 Richardson v. Falk Page 10
[the prisoner] with any medical attention.” Id. The prisoner never regained consciousness. Id.
In all, the officers delayed the prisoner’s treatment for 10 minutes. Id. at 635.
While the 10-minute delay in medical treatment from Tlamka is similar in length to the
delay attributable to Falk, the similarities stop there. Importantly, much like the seminal cases in
the Sixth Circuit that address deliberate indifference to medical needs, the officers in Tlamka
observed visible signs and symptoms of serious health issues—officers saw the prisoner turning
blue and still did not provide medical assistance. Id. at 631; see also, e.g., Est. of Carter v. City
of Detroit, 408 F.3d 305, 312 (6th Cir. 2005) (explaining that the detainee was complaining
loudly for hours, lying on the floor, and “showing the warning signs of a heart attack”);
Blackmore, 390 F.3d at 899 (emphasizing that the detainee had “vomited—a clear manifestation
of internal physical disorder”). Richardson argues that Falk “saw the obvious signs of [a] heart
attack.” Appellee Br. 40, D.16 (emphasis added). But even by Richardson’s account, the record
only supports one such “sign”: his complaint of bad chest pains. There is no evidence in the
record that Richardson displayed visible signs of distress (in fact, Richardson acknowledges that
other officers thought he was faking his complaints, and he speculates his hour-long wait in the
medical wing was likely because he was not showing visible signs of pain or medical need).
That is a far cry from Tlamka, where the officers watched a prisoner turn blue and lose
consciousness, and then still did not take any action.
Richardson’s pivot to Goode v. Berlanga, 646 F. App’x 427 (6th Cir. 2016), in his
briefing does not help his cause. Richardson references Goode for the proposition that once an
officer knows of a serious medical condition, the officer must immediately request assistance.
But in Goode, our Court held that neither Blackmore, nor other prior cases, established “an
obligation to immediately respond to inmates’ requests” for medical assistance when the officer
is only aware of complaints and had not “observed [the inmate’s] injury.” Goode, 646 F. App’x
at 432. Even though Goode is unpublished, its reasoning is persuasive. Brief complaints of
symptoms, with nothing more, fall short of the obvious displays of medical issues addressed in
prior caselaw; the contours of the right to be free from deliberate indifference do not clearly
include Falk’s alleged shortcomings. See id.; see also Burwell, 7 F.4th at 474-75 (explaining that
No. 25-1867 Richardson v. Falk Page 11
“once an officer sees a detainee in obvious medical distress,” the officer has an obligation to act
(emphasis added)).
At oral argument, Richardson took a different approach, claiming that Estate of Carter v.
City of Detroit is his best case. But Carter doesn’t help Richardson either. In Carter, as a
pretrial detainee was being booked, she told the booking officer “that she was having chest pains
and needed to go to the hospital.” Carter, 408 F.3d at 307. She also requested her “‘heart’
medication,” which she did not have on her person. Id. at 313. The booking officer then relayed
these complaints to the defendant-officer, who was on duty (and in charge) when the detainee
arrived at the precinct. Id. at 307-08. In hindsight, it became clear that the detainee’s “‘heart’
medication” was for heartburn, but the Court explained that the officers had no reason to infer
the “‘heart’ medication” lacked a connection to her symptoms. Id. at 307-08, 313. While at the
precinct, the detainee “cried loudly for help and continued to complain that her chest hurt and
that she needed to go to the hospital.” Id. at 307. She was also observed lying on the floor of the
detainment cell. Id. at 307, 312. Nonetheless, the defendant-officer eventually “left his shift
early without proper relief or permission,” and he did so without recording the detainee’s
complaints or telling fellow officers “that [the detainee] was ill and had requested to be taken to
the hospital.” Id. at 307-08. Importantly, when the defendant-officer left his post early, he knew
that the detainee had not gone to the hospital. Id. at 308. Later that day, while the defendant-
officer was still away from the precinct, the detainee collapsed and died of a heart attack. Id.
In this published opinion, our Court determined that the defendant-officer was
deliberately indifferent to the detainee’s medical needs. Why? Because the defendant-officer
ignored the detainee’s obvious signs of a serious illness that even a layperson could recognize as
requiring immediate treatment. As Carter explained, the detainee
displayed the “classic” signs of a serious illness, not a minor malady, but an
impending heart attack. She was complaining of chest pain and complaining that
she had trouble breathing. She said that she was three days behind in taking her
heart medication. She was lying on the floor while [the defendant-officer] was
still in the precinct.
Id. at 312. So Carter clearly established that an officer can be deliberately indifferent when he
ignores the “‘classic’ signs” of a serious illness. Id. at 312-13. In Carter, that was the
No. 25-1867 Richardson v. Falk Page 12
combination of: complaints of multiple heart attack symptoms, a request for prescribed
medication, external signs of distress (like lying on the floor), and evidence of long-lasting pain.
Id. at 312. And, as Carter emphasized, it was the cumulative nature of these signs—taken
together—that indicated the detainee had “a serious illness, not a minor malady.” Id.
It’s true that Richardson need not find a case that constitutes a factual twin to
demonstrate a clearly established constitutional violation, see Finley, 102 F.4th at 809-12, but
Carter is barely a distant relative compared to the facts that underlie Richardson’s claim. The
only overlapping sign of medical need is Richardson’s complaint of chest pain. Looking at the
record, there is no evidence Richardson complained of trouble breathing (or shooting arm pain or
any other sign of a heart attack); there is no evidence Richardson discussed needing medication;
there is no evidence Richardson was lying on the floor or otherwise showing external signs of
distress; and there is no evidence Richardson was complaining loudly for hours. Richardson’s
oral complaint of chest pain, without any other sign of distress, does not stack up to the
cumulative signs of a serious illness that the defendant-officer ignored in Carter.
We look to caselaw for the contours of the clearly established right. Anderson v.
Creighton, 483 U.S. 635, 640 (1987). And we cannot say—beyond debate—that a reasonable
officer would read Tlamka, Goode, Carter, or any other precedent and understand that Falk’s
conduct violates the Eighth Amendment. See id. Richardson does not cite any case in which a
court held that an officer was deliberately indifferent to a prisoner’s medical needs by failing to
respond immediately when the prisoner had no external signs of a serious health issue. And,
given the nature of corrections officers’ interactions with prisoners, without caselaw indicating
otherwise, Falk was not on notice that as soon as a prisoner (with no visible signs of distress)
complained of bad chest pain, he would need to provide immediate medical assistance. See
Finley, 102 F.4th at 809. Because Falk did not violate a clearly established constitutional right,
he is entitled to qualified immunity.
III. CONCLUSION
For these reasons, we REVERSE the district court’s denial of Falk’s motion for
summary judgment and REMAND for entry of judgment in favor of Falk.