CARRIN v. STRONG et al

Filing 144

ORDER ACCEPTING AND ADOPTING 131 REPORT AND RECOMMENDATION. The report and recommendation, ECF No. 131 , is accepted and adopted, over the Defendant's objections, as this Court's opinion. Defendant Jimenez's motion for summary judgment, ECF No. 110 , is DENIED. Signed by CHIEF JUDGE MARK E WALKER on 3/26/2024. (rcb)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
SANDRA GAIL CARRIN,
as the Personal Representative of
the Estate of RAYMOND MARSHALL
CARRIN,
Plaintiff,
v.

Case No.: 4:21cv486-MW/MAF

SHAUNA MARIE SMILEDGE,
et al.,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Fourth
Report and Recommendation. ECF No. 131, and has also reviewed de novo
Defendant’s objections, ECF No. 139.
The Magistrate Judge recommends denying Defendant Jimenez’s motion for
summary judgment because disputed issues of fact remain as to whether Dr. Jimenez
was deliberately indifferent to Mr. Carrin’s serious medical needs. This Court
agrees. Defendant Jimenez argues that the record demonstrates that he took
reasonable steps to treat Mr. Carrin’s serious medical needs, but timely treatment
was thwarted by the Utilization Review Committee’s delay in approving his GI

consult request. But while a reasonable jury may agree with Dr. Jimenez’s view of
the facts, the record also permits a reasonable inference that Dr. Jimenez sat on his
hands after he submitted the GI consult request, and ultimately delayed necessary
medical treatment, despite his knowledge that Mr. Carrin required treatment for his
serious medical needs.
Accordingly,
IT IS ORDERED:
The report and recommendation, ECF No. 131, is accepted and adopted,
over the Defendant’s objections, as this Court’s opinion. Defendant Jimenez’s
motion for summary judgment, ECF No. 110, is DENIED.
SO ORDERED on March 26, 2024.
s/Mark E. Walker
____
Chief United States District Judge

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