Attorneys Dawn Doherty and Brett Norton of MOODK’s Delaware Office secured a dismissal of an Eight Amendment suit by a represented prisoner-patient alleging cruel and unusual punishment arising out of the alleged denial of a surgical procedure. Plaintiff contended that MOODK’s client intentionally denied him a tonsillectomy notwithstanding that there were no clinical signs of tonsillitis. MOODK’s Attorneys moved to dismiss the lawsuit. The federal court held that medical practitioners were not indifferent to plaintiff’s medical needs because they performed numerous examinations, tests, studies, and other treatment to the plaintiff, and developed tailored plans of care.  The court further held that MOODK’s client should also be dismissed because plaintiff had failed to plead sufficient facts to show that a custom or policy existed under Monell that delayed the medical care of plaintiff to save costs.