PRITT v. CORRECT CARE SERVICES et al

Filing 129

ORDER GRANTING MOTION FOR CLARIFICATION - The motion for clarification, dkt. 127 , is GRANTED consistent with this Order. (See Order). Copy to Steven W. Pritt via U.S. mail. Signed by Judge James Patrick Hanlon on 7/20/2020. (JDH)

Case 1:17-cv-02664-JPH-MPB Document 129 Filed 07/20/20 Page 1 of 3 PageID #: 1349

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
STEVEN W. PRITT,

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Plaintiff,
v.
CORRECT CARE SOLUTIONS, et al.,
Defendants.

No. 1:17-cv-02664-JPH-MPB

ORDER GRANTING MOTION FOR CLARIFICATION
Plaintiff Steven Pritt, an Indiana inmate, was transferred from the New Castle Correctional
Facility to the Marion County Jail several times between December of 2015 and February 2017.
He brought this action pursuant to 42 U.S.C. § 1983 alleging that he received inadequate medical
care for his heart condition and mental health issues while he was confined at the Jail. He sued the
private contractor that provides medical services at the Jail and several individual medical
providers. The defendants moved for summary judgment and the Court granted the motion in part
and denied it in part. Dkt. 123. The Court denied the motion as to defendant Nurse Carter, who
interacted with Mr. Pritt in December 2015 and February 2017. Id. p. 19. The Court explained that
because Mr. Pritt told Nurse Carter on December 15, 2015, that he was not receiving his
medication and Nurse Carter did nothing to help him, a reasonable jury might conclude that Nurse
Carter was deliberately indifferent to Mr. Pritt's serious medical needs in violation of his Eighth
Amendment rights. Id. Nurse Carter seeks clarification of this order regarding his interaction with
Mr. Pritt in February of 2017. Mr. Pritt has not responded to the motion.
There is no dispute of fact regarding whether Nurse Carter was deliberately indifferent to
Mr. Pritt's serious medical needs in February of 2017. On February 16, 2017, Nurse Carter
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conducted Mr. Pritt's intake screening. Dkt. 96-5 at 2 (¶ 6); dkt. 96-1 at 65-70. Mr. Pritt claims he
told Nurse Carter what medications he was taking, and that Nurse Carter looked at the medications
he brought with him. Dkt. 114 at 16 (¶ 2). Nurse Carter denies this occurred and claims Mr. Pritt
denied that he was taking any medications. Dkt. 96-5 at 2 (¶ 6). But it is undisputed that Nurse
Carter referred Mr. Pritt to the medical provider for consideration of whether he needed medication
and to mental health staff based on his answers to the mental health questions and that the provider
prescribed Mr. Pritt's medications the next day. Id. (¶¶ 6, 8). Nurse Carter also cleared Mr. Pritt
for segregation by confirming there was no medical issue that prevented him from being placed in
segregation. Id. at 3 (¶ 7). Based on these facts, even when considered in the light most favorable
to Mr. Pritt, no reasonable jury could find that Nurse Carter was aware of a serious risk to Mr. Pritt
but disregarded it. See Petties v. Carter, 836 F.3d 722, 728 (7th Cir. 2016). While courts "look at
the totality of an inmate's medical care when considering whether that care evidences deliberate
indifference to serious medical needs," id., because Nurse Carter's December 2015 interaction with
Mr. Pritt was separated in time by over a year with the February 2017 interaction, these interactions
are properly considered separately.
No reasonable jury could conclude that Nurse Carter acted with deliberate indifference to
Mr. Pritt's medical needs in February 2017. Accordingly, the motion for clarification, dkt. [127],
is GRANTED consistent with this Order.
SO ORDERED.
Date: 7/20/2020

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Distribution:
STEVEN W. PRITT
196024
NEW CASTLE - CF
NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels
1000 Van Nuys Road
NEW CASTLE, IN 47362
All Electronically Registered Counsel

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