Crutchley v. Purvis et al

Filing 60

ORDER granting 44 Motion for Summary Judgment; adopting Report and Recommendations re 57 Report and Recommendations. Ordered by Judge Hugh Lawson on 7/13/2012. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

ADAM WADE CRUTCHLEY,
Plaintiff,
v.

Civil Action No. 7:10-cv-81 (HL)

Sheriff ANTHONY HEATH, Officer
DAMON BENNETT, Cpt. ANTONIO
CARTER, and Sgt. ESTON
CONNELL,
Defendants.

ORDER
The Court has reviewed the Recommendation of the Magistrate Judge,
filed June 15, 2012, as well as the objection of Plaintiff Adam Wade Crutchley,
filed June 29, 2012. The Court finds that Plaintiff’s objection is without merit and
adopts the Recommendation of the Magistrate.
Plaintiff objects to the Magistrate’s Recommendation to grant Defendants’
Motion for Summary Judgment, arguing that his claim for deliberate indifference
to serious medical needs should survive past summary judgment. Plaintiff
contends that Defendants were aware that he was diabetic and did not provide
proper treatment and care.
In his Recommendation, Magistrate Judge Thomas Q. Langstaff states
that Plaintiff is unable to establish that Defendants knew of his medical condition,

an element of the prima facie case for deliberate indifference. In his objection,
Plaintiff gives two reasons explaining why he thinks Defendants were aware of
his condition. First, Plaintiff claims that he mentioned his condition during his
arrest and booking. Second, Plaintiff states that he received meals specially
tailored for diabetics. The Court finds both of these allegations insufficient to
demonstrate Defendants’ subjective knowledge of Plaintiff’s medical condition.
While Plaintiff may have mentioned his condition during booking, and while he
may receive diabetic meals, these facts do not prove that Defendants were
aware of the fact that he was diabetic. There is no evidence that Defendants
were present during his booking or that Defendants know what meals Plaintiff is
served.
In sum, there is no support for Plaintiff’s allegations that Defendants knew
about his condition. The Recommendation of the Magistrate is hereby approved,
adopted, and made Order of the Court.
SO ORDERED, this 13th day of July, 2012.

s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE

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