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Sixth Circuit reinstates claim by prisoner that he was denied proper medical care

In Reed-Bey v. Pramstaller, et al., the Sixth Circuit recently reinstated a prisoner's section 1983 civil rights claim against the prison and the private Correctional Medical Services Corporation that provides prison medical services.  Reed-Bey suffered a third-degree shoulder separation during prison recreation.  He was taken to an E.R., where the injury was diagnosed and it was recommended that he see an Orthopedic specialist within five days.  The prison and CMS refused to approve Reed-Bey for the specialist consultation and his injury went untreated from September 12 until "some time after" March of 2006. Ultimately, he had to live with severe pain for more than six months and required surgical repair of the injury.  The lower court had dismissed his claim because he had failed to complete the administrative grievance process before filing suit.  The Sixth Circuit held that since state authorities had not raised this issue and had addressed the claim on its merits, the Court should do the same.
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