Burke, Warren, MacKay & Serritella Defends Former Inmate in Appeal Concerning Eighth Amendment Claims 

Burke Warren Partner Nick Gowen was appointed by the United States Court of Appeals for the Seventh Circuit to represent appellant Derek Thomas, a formerly incarcerated inmate at the Federal Correctional Institution in Terre Haute, Indiana, on Thomas’ Eighth Amendment claims pursuant to Bivens, Egbert, and Carlson.

The grounds of the appeal focused on whether Thomas’ deliberate indifference claims presented a “new” Bivens context, and whether Thomas should, in the interests of justice, be able to address the defendants’ qualified immunity defense for the first time on appeal.

Burke Warren Associates Christine Eduardo and Christopher Verdugo handled the briefing and Nick argued before the court on May 28, 2025. Following the argument, the Court complimented and commended the Burke Warren team for its zealous pro bono advocacy for the plaintiff in consideration of his rights under the law.