Larry Richardson v. Nathan Falk

Court of Appeals for the Sixth Circuit·Decided August 6, 2026·No. 25-1867·Published

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.

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