Carrillo V. State

This action began in 1985, when Carrillo instituted proceedings against the state, ADOC and Ricketts (the defendants) seeking compensatory and punitive damages for injuries allegedly arising out of medical care he received or failed to receive while in ADOC's custody.*fn1 Carrillo asserted four theories, designated as four claims for relief: denial of his federally protected rights pursuant to section 1983; breach of statutory duty to provide medical care pursuant to A.R.S. § 31-201.01 D; negligence; and the infliction of cruel and unusual punishment in violation of the eighth amendment to the United States Constitution. By order dated June 26, 1986 (the 1986 order), the trial court dismissed Carrillo's claims asserting breach of statutory duty and violation of the eighth amendment and entered summary judgment against Carrillo on the negligence claim. The court concluded, however, that material issues of fact existed as to whether the defendants' alleged delay in treating Carrillo demonstrated a deliberate indifference to his needs and denied defendants' motion for summary judgment related to the section 1983 claim.