Webb v. Strode et al
MEMORANDUM OPINION AND ORDER by Judge Greg N. Stivers on 10/12/2017. Defendants' Motions for Summary Judgment (DN 26 , 27 ) are GRANTED, and Plaintiffs' Motion for Summary Judgment (DN 25 ) is DENIED. cc: Counsel; Plaintiff, pro se(JWM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
BOWLING GREEN DIVISION
CIVIL ACTION NO. 1:16-CV-00091-GNS
JEFFERY ALLEN WEBB
JACKIE STRODE, Jailer;
SOUTH HEALTH PARTNERS; and
WARREN COUNTY, KENTUCKY
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Plaintiff’s Motion for Summary Judgment (DN 25),
and Defendants’ Motions for Summary Judgment (DN 26, 27).
The motions are ripe for
For the reasons outlined below, Defendants’ motions are GRANTED, and
Plaintiff’s motion is DENIED.
STATEMENT OF FACTS AND CLAIMS
This lawsuit arises from claims by Plaintiff Jeffery Allen Webb (“Webb”) during his
incarceration at the Warren County Regional Jail (“WCRJ”). In the pro se Complaint, Webb
asserts violations of his Eighth Amendment rights pursuant to 42 U.S.C. § 1983 against Warren
“Administrator/MTA” Jamie Pruitt (“Pruitt”). (Compl. 2, DN 1).
Webb alleges that Defendants denied him medical treatment for “serious chronic and
progressive back pain arising from spinal fractures dating back to 2004.” (Compl. 4). He claims
that two months prior to his incarceration at WCRJ, “[he] was afforded 30 days of Mobic, a nonsteroidal pain medication, by Trent the Nurse Practitioner. This worked well but [he] [was] told
by staff that Southern Health Partners  doesn’t treat chronic pain.” (Compl. 5). Webb asserts
that he was given ibuprofen for “2-5 day periods sporadically” and was told for months that he
was on the list to see the SHP doctor “but they had no idea when he will come.” (Compl. 5).
After performing an initial review of this case, the Court allowed his Eighth Amendment
claims to proceed. Following discovery, the parties have moved for summary judgment, which
are ripe for decision.
This Court has subject-matter jurisdiction of this matter based upon federal question
jurisdiction. See 28 U.S.C. § 1331.
STANDARD OF REVIEW
In ruling on a motion for summary judgment, the Court must determine whether there is
any genuine issue of material fact that would preclude entry of judgment for the moving party as
a matter of law. See Fed. R. Civ. P. 56(a). The moving party bears the initial burden stating the
basis for the motion and identifying evidence in the record that demonstrates an absence of a
genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). If the
moving party satisfies its burden, the non-moving party must then produce specific evidence
proving the existence of a genuine issue of fact for trial. See Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 247-48 (1986).
While the Court must view the evidence in the light most favorable to the non-moving
party, the non-moving party must do more than merely show the existence of some
“metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,
475 U.S. 574, 586 (1986) (citation omitted). Rather, the non-moving party must present specific
facts proving that a genuine factual issue exists by “citing to particular parts of the materials in
the record” or by “showing that the materials cited do not establish the absence . . . of a genuine
dispute.” Fed. R. Civ. P. 56(c)(1). “The mere existence of a scintilla of evidence in support of
the [non-moving party’s] position will be insufficient; there must be evidence on which the jury
could reasonably find for the [non-moving party].” Anderson, 477 U.S. at 252.
Defendants’ Motions for Summary Judgment
Defendants move for summary judgment on the bases, inter alia, that Webb has failed to
prove deliberate indifference or any detrimental effects arising from any alleged delay in
treatment. (Def.’s Mem. Supp. Summ. J. 5-7, DN 26-1; Defs.’ Mot. Summ. J. 5, DN 27).
Defendants also seek summary judgment because Plaintiff has not provided discovery. (Def.’s
Mem. Supp. Summ. J. 4-5; Defs.’ Mot. Summ. J. 5).
The Eighth Amendment prohibits cruel and unusual punishment. See Carlyle v. Aubrey,
189 F. Supp. 2d 660, 663 (W.D. Ky. 2001). As this Court has explained:
In order for a charge of inadequate medical care to rise to the level of an Eighth
Amendment claim, [a plaintiff] must be able to show that the [d]efendants treated
his medical needs with deliberate indifference. This standard requires a showing
of the “unnecessary and wanton infliction of pain . . . .” However, there is no
violation of the Eighth Amendment unless the defendant is “knows of and
disregards an excessive risk to inmate health or safety.”
Id. (internal citations omitted) (citation omitted).
An Eighth Amendment claim consists of both an objective and subjective component.
See Farmer v. Brennan, 511 U.S. 825, 834 (1994); Hudson v. McMillian, 503 U.S. 1, 8 (1992);
Flanory v. Bonn, 604 F.3d 249, 253 (6th Cir. 2010). The objective component requires that the
medical need be sufficiently serious. See Rhodes v. Chapman, 452 U.S. 337, 347 (1981); Hunt v.
Reynolds, 974 F.2d 734, 735 (6th Cir. 1992). This component is contextually driven and is
responsive to “contemporary standards of decency.” Hudson, 503 U.S. at 8 (internal quotation
marks omitted) (quoting Estelle v. Gamble, 429 U.S. 97, 103 (1976)). The subjective component
requires that the official’s conduct be deliberately indifferent to Plaintiff’s needs. See Farmer,
511 U.S. at 834 (citing Wilson v. Seiter, 501 U.S. 294, 302-03 (1991); Hudson, 503 U.S. at 5;
Estelle, 429 U.S. at 106); Hunt, 974 F.2d at 735 (citations omitted). Deliberate indifference is a
“state of mind more blameworthy than negligence.” Farmer, 511 U.S. at 835 (citation omitted).
Not every claim of inadequate medical treatment, however, states an Eighth Amendment
violation. See Estelle, 429 U.S. at 105. Neither negligent medical care nor delay in medical care
constitutes a constitutional violation without deliberate indifference resulting in substantial harm.
See Mendoza v. Lynaugh, 989 F.2d 191, 195 (5th Cir. 1993); Acord v. Brown, No. 93-2083, 1994
WL 679365, at *2 (6th Cir. Dec. 5, 1994) (“Accidents, mistakes, negligence and medical
malpractice are not constitutional violations merely because the victim is a prisoner.” (citing
Estelle, 429 U.S. at 106)). Furthermore, a difference of opinion between the inmate and a prison
medical official concerning diagnosis or treatment does not constitute a constitutional violation.
See Estelle, 429 U.S. at 107 (“[T]he question whether an X-ray or additional diagnostic
techniques or forms of treatment is indicated is a classic example of a matter for medical
judgment. A medical decision not to order an X-ray, or like measures, does not represent cruel
and unusual punishment.”); Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir. 1989) (“At most,
Sanchez has raised a difference of medical opinion regarding his treatment. A difference of
opinion does not amount to a deliberate indifference to Sanchez’ serious medical needs.”
First, the Court must determine whether Webb’s medical condition was sufficiently
serious to give rise to an Eighth Amendment violation. In his response to Defendants’ motions,1
Webb has attached 47 pages of documents relating to his medical care. According to Webb, the
documents reflect his medical history, his requests for treatment while incarcerated at the WCRJ,
and the failure to provide adequate medical care when he returned to the facility following
treatment at a hospital.2 (Pl.’s Resp. Defs.’ Mots. Summ. J. 2, DN 33). Based on the Court’s
review, the documents reflect Webb had a history of neck pain, including numbness and tingling
in both hands, prior to his incarceration. (Pl.’s Resp. Defs.’ Mots. Summ. J. Attach. 1, at 4). In
2014, Plaintiff had an MRI, which reflected disc protrusions in the cervical spine at the C5-C6
and C6-C7 spinal segments, and in the thoracic spine at the T2-T3 and T3-4 spinal segments.
(Pl.’s Resp. Defs.’ Mots. Summ. J. Attach. 1, at 2-3). Between June 14, 2015, and June 29,
2016, Webb completed thirteen inmate medical request forms containing various complaints,
including shoulder and arm numbness and pain, as well as back pain. (Pl.’s Resp. Defs.’ Mots.
Summ. J. Attach. 1, at 17, 20, 23, 24, 28, 31, 34-40). In addition to those forms, Webb has
provided the forms completed by the SHP medical professionals who provided his medical care
during that period. (Pl.’s Resp. Defs.’ Mots. Summ. J. Attach. 1, at 18-19, 21-22, 25-26, 28-29,
While Defendants also argue that the Court should grant summary judgment in their favor due
to Webb’s failure to comply with discovery orders, Plaintiff did attach various documents to his
response to Defendants’ motions. (Pl.’s Resp. Defs.’ Mots. Summ. J. Attach. 1, DN 33-1).
Because Defendants did not file a reply, it is unclear whether those documents had been provided
to them, and the Court will consider the documents in ruling on the pending motions.
The provided documents from Webb’s hospital stay reflect that he reported persistent
abdominal pain. (Pl.’s Resp. Defs.’ Mots. Summ. J. Attach. 1, at 43). It is unclear that the
hospitalization had any connection with history of neck and back pain, or his allegations in the
Complaint that Defendants failed to provide proper care for his neck and back pain.
32-33). For the purpose of summary judgment, Webb has satisfied the first requirement of
presenting evidence of his chronic back and neck pain.
To defeat Defendants’ motion, Webb must present evidence of deliberate indifference to
his health. The record does not support such a finding.
Several of the inmate medical request forms provided by Webb have notations reflecting
that he was seen by a medical professional following his requests for care. (Pl.’s Resp. Defs.’
Mots. Summ. J. Attach. 1, at 17, 20, 23-24, 28, 31, 35-39). In general, the forms reflect that
Plaintiff received ibuprofen or Mobic in response to his complaints of pain.
In his opposition to these motions, Webb argues that the tendered medical records show
Defendants’ negligence. (Pl.’s Resp. Defs.’ Mots. Summ. J. 3). A claim of negligence or
malpractice, however, does not equate to deliberate indifference. See Meador v. Growse, No.
12-CV-120-KKC, 2014 WL 970105, at *6 (E.D. Ky. Mar. 12, 2014) (citing Heard v. Sheahan,
253 F.3d 316, 318 (7th Cir. 2001)). “Where a prisoner has received some medical attention and
the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second
guess medical judgments and to constitutionalize claims which sound in state tort law.”
Westlake v. Lucas, 537 F.2d 857, 860 n.5 (6th Cir. 1976). See also Saadeh v. Hemingway, 37 F.
App’x 194, 195 (6th Cir. 2002) (stating that in Estelle, “the Supreme Court held that a complaint
that a prisoner’s chronic back pain was treated with pain relievers rather than ordering additional
diagnostic tests was a classic example of medical judgment which could not be challenged under
the Eighth Amendment.”). Based on the evidence in the record, Webb clearly disagrees with the
treatment he received during his incarceration at the WCRJ.
Mere disagreement with the
medical care provided, however, is insufficient to establish an Eighth Amendment claim for
deliberate indifference to a serious medical need asserted against Defendants. See Estelle, 429
U.S. at 107; Westlake, 537 F.2d at 860 n.5. There is no evidence in the record establishing that
Defendants were deliberately indifferent to Webb’s medical needs or disregarded a known
excessive risk to Webb’s health or safety.
For these reasons, Webb has failed to present evidence to preclude the entry of summary
judgment against him on his Eighth Amendment claims. Accordingly, Defendants are entitled to
summary judgment on Plaintiffs’ claims.
Plaintiff’s Motion for Summary Judgment
Webb has also moved for summary judgment. (Pl.’s Mot. Summ. J., DN 25). As
discussed above, there is insufficient evidence to establish a violation of his Eighth Amendment
rights, and his motion will therefore be denied.
For the foregoing reasons, IT IS HEREBY ORDERED that Defendants’ Motions for
Summary Judgment (DN 26, 27) are GRANTED, and Plaintiffs’ Motion for Summary Judgment
(DN 25) is DENIED.
Greg N. Stivers, Judge
United States District Court
October 12, 2017
counsel of record
Plaintiff, pro se
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