Grove v. Unknown

Filing 47

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 4/29/2019. (c/s)(dvanm, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA

Alexandria Division

Irvin Daniel Grove,Jr.,
Plaintiff,
V.

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)
)
)

Dr. Rodgers,^
Defendants.

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)
)

I:18cv431(LO/JFA)

MEMORANDUM OPINION

Irvin Daniel Grove, Jr., a Virginia inmate proceeding pro se("Grove" or "plaintiff), has
filed a civil rights complaint pursuant to 42 U.S.C. § 1983, alleging that he suffered deliberate
indifference to his serious medical needs in two respects at the Riverside Regional Jail ("RRJ").

The matter is presently before the Court on a Motion for Summary Judgment filed jointly by
defendants Pamela Hicks-van Haren,Imhotep Carter, M.D., Stephen Lemmons, R.N., and

Patricia Rodgers, D.O.' Plaintiff has filed objections, and the movants have filed a reply. After
careful consideration, for the reasons which follow, the Motion for Summary Judgment will be
granted.
I. Background

Grove commenced this lawsuit in April, 2018, alleging that defendants at RRJ were

deliberately indifferent to(1)a spinal condition and (2)a fractured nose. In the amended

complaint, which is the operative complaint in the lawsuit, he contends that he had been pleading
for months that he was experiencing severe pain in his lower back and hip and a burning down
his legs when Dr. Rodgers ordered x-rays in Februaiy, 2017.[Dkt. No. 3 at 5] The x-rays

'Throughout the pleadings, this defendant's surname is spelled alternately as "Rogers"
and "Rodgers." The Court has adopted the spelling used in her declaration.[Dkt. No. 34, Ex.6]