Scott v. Beregovskay, et al.
Filing
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ORDER ADOPTING 66 Findings and Recommendations in Full and GRANTING 56 Defendants' Motion for Summary Judgment, signed by District Judge Jennifer L. Thurston on 06/22/2022.CASE CLOSED. (Maldonado, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TIANTE DION SCOTT,
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Plaintiff,
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v.
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BEREGOVSKAY, et al.,
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Defendants.
Case No. 1:17-cv-01146-JLT-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL AND
GRANTING DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT
(Docs. 56, 66)
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The assigned magistrate judge issued findings and recommendations, recommending that
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Defendants’ motion for summary judgment, filed on August 9, 2021 (Doc. 56), be granted. (Doc.
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66.) On December 2, 2021, Scott filed objections to the findings and recommendations. (Doc.
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67.) On December 29, 2021, Scott filed amended objections to the findings and
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recommendations. (Doc. 71.) On January 11, 2022, Defendants filed a response to Scott’s
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amended objections. (Doc. 74.)
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a
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de novo review of the case. Having carefully reviewed the entire file, including Scott’s amended
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objections and Defendants’ response to the amended objections, the Court finds the findings and
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recommendations are supported by the record and by proper analysis.
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In particular, the magistrate judge correctly concluded that no material dispute of fact
exists about whether Defendants acted with deliberate indifference while treating Scott’s medical
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needs. For example, the magistrate judge concluded that Dr. Beregovskaya1 did not act with
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deliberate indifference to Scott’s complaints regarding an infection in his neck area and shoulder
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pain. (Doc. 66 at 23-24.) Scott objects to this conclusion, arguing Dr. Beregovskaya acted with
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deliberate indifference by not believing Scott had been stabbed and physically could not lift his
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arm due to pain. (Doc. 71 at 25-35.) Contrary to Scott’s objections, the magistrate judge correctly
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applied the deliberate indifference standard under the Eighth Amendment. (See Doc. 66 at 6-7,
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23-24.) Because the deliberate indifference standard requires the defendant to have a subjective
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awareness of a serious medical need, a defendant’s belief that the plaintiff lied about his condition
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evidences a lack of “actual knowledge that [the] Plaintiff required medical care,” thereby
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negating the subjective awareness element. Kennedy v. Hayes, 2010 WL 5440805, at *6 (E.D.
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Cal. Dec. 28, 2010) (finding no deliberate indifference where defendant believed plaintiff was
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malingering and “faking his condition” to receive pain medication, despite plaintiff telling the
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defendant his bandages were soiled and he felt ill).
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A plaintiff may overcome assertions of malingering on summary judgment by creating
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disputes of fact as to whether he had objective and obvious symptoms of his serious medical
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need. See Chandler v. Guttierrez, 2017 WL 3224468, at **8-9 (C.D. Cal. June 14, 2017) (rev’d in
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part on other grounds, 773 Fed. App’x 921 (9th Cir. 2019)) (finding sufficient evidence of
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deliberate indifference where defendant ignored plaintiff’s elevated heart rate and weight loss,
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believing plaintiff was lying and taking drugs, despite a negative drug test in his medical record).
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Evidence that the defendant had “an improper or ulterior motive” underlying the malingering
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allegation or justifying the refusal of treatment may also indicate the defendant “acted with a
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culpable state of mind.” George v. Sonoma Cnty. Sheriff’s Dep’t, 2010 WL 4117381, at *11
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(N.D. Cal. Oct. 19, 2010); see also Chandler, 773 Fed. App’x at 922 (noting the defendants acted
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with “personal animosity” instead of relying on “an honest medical judgment” where evidence
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showed they “wished to reduce their workload”).
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Scott, however, has not provided evidence to rebut the malingering allegations or
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Sued as Beregovskay.
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otherwise establish Dr. Beregovskaya’s culpable state of mind. Viewing the facts in the light most
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favorable to Scott, Dr. Beregovskaya subjectively believed Scott lied about being stabbed and
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faked the pain in his arm. (Doc. 60 at 9-12, 30-31.) Scott did not have objectively visible
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symptoms that might have contravened Dr. Beregovskaya’s conclusion that the abrasion on his
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neck was an infection starting to heal and did not result from a stabbing. (Id.; see also Doc. 56-1
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at 4-5.) She visually examined the wound on Scott’s neck and reviewed his chart, which indicated
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a staph infection, not the presence of a foreign object. (Doc. 60 at 31; Doc. 56-3 at 51-53 (Scott
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Decl.).) Scott admits that he told the nurse who treated him previously that the abrasion was a
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scratch and a staph infection. (Doc. 25 at 9; Doc. 56-3 at 44 (Scott Decl.).) Although Scott may
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have justifiably withheld the truth about being stabbed for fear of retaliation from fellow inmates,
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this justification does not impact the subjective and objective awareness of Dr. Beregovskaya.
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Scott likewise did not have any visibly apparent symptoms of the pain in his arm and shoulder
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that would have made Dr. Beregovskaya aware of his serious medical need. Compare Martinez v.
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McConnell, 2018 WL 2117467, at **2, 4 (E.D. Cal. May 7, 2018) (dismissing Eighth
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Amendment claims for inadequate medical care where the treating physician refused to treat
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plaintiff for knee pain following his knee surgery because he believed plaintiff faked his pain);
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with Collins v. Lopez, 2013 WL 4041828, at *6 (E.D. Cal. Aug. 7, 2013) (report and
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recommendation adopted, 2013 WL 4737095 (E.D. Cal. Sept. 3, 2013)) (risk “obvious” enough
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to preclude dismissal where plaintiff’s hand was “swollen, painful, and black and blue on the
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palm” indicating it was broken yet defendant nonetheless refused to treat it); see also Templeton
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v. Esquetini, 2020 WL 6586737, at *14 (C.D. Cal. Oct. 7, 2020) (report and recommendation
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adopted, 2020 WL 6582667 (C.D. Cal. Nov. 10, 2020)) (same for plaintiff with visibly broken
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finger given the “tiny piece of bone fragment” protruding through plaintiff’s pinky knuckle and
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“a slow, constant flow of blood”).
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Moreover, there is no evidence to suggest Dr. Beregovskaya had an improper or ulterior
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motive in her refusal to treat Scott. For instance, Dr. Beregovskaya did not show hostility towards
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Scott, despite his “explosion” of anger and frustration during treatment. (Doc. 25 at 18-20.) Dr.
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Beregovskaya continued to examine the abrasion on Scott’s neck, used an X-ray to evaluate his
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condition, and prescribed medication to treat the perceived infection in his neck. (Id.; see also
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Doc. 60 at 31.) Even if Dr. Beregovskaya had some frustration with Scott for believing he was
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lying and for his “explosion” during treatment, this evidence does not demonstrate a subjective
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awareness of a serious medical need and failure to adequately respond. See Montoya v. Cash,
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2013 WL 5522900, at **4-5 (C.D. Cal. Oct. 2, 2013) (finding no deliberate indifference despite
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defendant’s frustration with the language barrier in treating the plaintiff and his belief that
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plaintiff was “faking his painful cries”). Dr. Beregovskaya examined Scott’s physical symptoms
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and treated him according to her assessment which does not support a finding of deliberate
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indifference. Compare Rood v. Win, 2021 WL 5040375, at **3, 12-13 (E.D. Cal. Oct. 29, 2021)
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(finding no deliberate indifference where the treating physician did not believe plaintiff’s claims
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that he had an ACL tear but did a “cursory examination” of his knee, ordered tests, and prescribed
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medication to treat his symptoms); with Hernandez-Rojas v. Pinnell, 2018 WL 376617, at *10-11
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(C.D. Cal. Jan. 8, 2018) (denying summary judgment where defendant was “consistently hostile
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to plaintiff when he sought medical help for his severe and debilitating pain over a period of
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many months” because she believed plaintiff was malingering regarding his foot and leg pain).
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The Court has reviewed Scott’s objections regarding the remaining defendants and
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likewise finds they lack merit because the magistrate judge correctly applied the deliberate
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indifference standard. Scott has not provided evidence to create a material dispute of fact that
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shows Defendants had a subjective awareness of Scott’s serious medical needs. Because there is
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no disputed material fact concerning deliberate indifference, the Court need not reach Scott’s
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objections on the causation element. Thus, the Court ORDERS:
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1.
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The findings and recommendations issued by the magistrate judge (Doc. 66) are
ADOPTED in full.
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2.
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Defendants’ motion for summary judgment (Doc. 56) is GRANTED.
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The Clerk of Court is directed to close this case.
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IT IS SO ORDERED.
Dated:
June 22, 2022
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