concurring:
I concur in the decision that summary judgment on qualified immunity grounds was properly denied with the understanding that first, the law concerning'medical treatment of prisoners was clearly established, i.e., the *395plaintiff can recover only if the defendant was deliberately indifferent to the plaintiffs medical needs, and second, there are issues of fact as to whether the Sheriffs conduct rose to the level of deliberate indifference required to establish liability. The need for medical treatment upon which to base the claim may be shown not only by the facts the Sheriff knew at the time he acted, but by facts that a reasonable Sheriff should have known, had he been other than deliberately indifferent to the prisoner’s medical needs.