Robertson v. Kitsap County et al

Filing 84

ORDER denying 82 Defendants Johnson and Stevens' Motion for Reconsideration; signed by Judge Ronald B. Leighton.(DN)

HONORABLE RONALD B. LEIGHTON

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

7
8

TIMOTHY ROBERTSON,

CASE NO. C15-5422-RBL-DWC

9
Plaintiff,
10
11
12

v.
KITSAP COUNTY, et al.,

ORDER DENYING MOTION FOR
RECONSIDERATION
DKT. #82

Defendants.

13
14

THIS MATTER is before the Court on Defendants Arlen Johnson, ARNP and Sue

15

Stevens, RN’s Motion for Reconsideration [Dkt. #82]. Johnson and Stevens ask the Court to

16

reconsider its Order [Dkt. #81] adopting Magistrate Judge Christel’s Report and

17

Recommendation [Dkt. #79], which dismissed all other Defendants in partially granting their

18

motion for summary judgment. This case considers whether Johnson and Stevens were

19

deliberately indifferent to Plaintiff Robertson’s medical needs by failing to provide him with

20

adequate care after he broke his tooth while detained at the Kitsap County Jail. At a broad level,

21

Johnson and Stevens repeat the argument made in their Objection [Dkt. #80] to the R&R that

22

Robertson failed to meet his initial burden of proof. They argue here that he has not shown an

23

urgent need for dental care or that Johnson and Stevens were deliberately indifferent to that need.

24
ORDER DENYING MOTION FOR
RECONSIDERATION - 1

1

Motions for reconsideration are disfavored. The Court will ordinarily deny such motions

2

in the absence of a showing of manifest error in the prior ruling or a showing of new facts or

3

legal authority that could not have been brought to its attention earlier with reasonable diligence.

4

See Local Rule W.D. Wash. CR 7(h)(1). The term “manifest error” is “an error that is plain and

5

indisputable, and that amounts to a complete disregard of the controlling law or the credible

6

evidence in the record.” Black’s Law Dictionary 622 (9th ed. 2009).

7

To support his claim against Johnson and Stevens, Robertson must show he suffered a

8

serious medical need, and they responded to his need with deliberate indifference. See Farmer v.

9

Brennan, 511 U.S. 825, 834, 114 S. Ct. 1970, 1977, 128 L. Ed. 2d 811 (1994). Deliberate

10

indifference can be shown when prison officials deny, delay, or intentionally interfere with

11

treatment, or by the way they provide care. See Hutchinson v. U.S., 838 F.2d 390, 394 (9th Cir.

12

1988). Delay only constitutes an Eighth Amendment violation, however, if it causes the detainee

13

substantial harm. See Shapley v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 407 (9th

14

Cir. 1985).

15

Taking the evidence in the light most favorable to Robertson, as always, he provided

16

evidence he broke his tooth in late June 2012 while housed at the Kitsap County Jail; yet,

17

Johnson implemented a “no action” plan beyond prescribing Robertson salt water rinses and

18

Ibuprofen, and Stevens did not refer him to a dentist until late August. Dr. Paul Hutchinson, DDS

19

noted Robertson’s tooth was fractured, and he had developed irreversible pulpitis, requiring a

20

root canal and crown. Robertson underwent a root canal in early September, but was extradited

21

before receiving a permanent crown.

22
23

It is not a leap beyond credulity, or outside the bounds of Anderson v. Liberty Lobby, Inc.
477 U.S. 242, 106 S. Ct. 2505 (1986), to reason Robertson’s need for an emergent root canal

24

DKT. #82 - 2

1

supports a conclusion that Johnson’s and Steven’s delay caused him substantial harm. Robertson

2

has shown a genuine issue of material fact exists as to whether he had a serious medical need that

3

Johnson and Stevens responded to with deliberate indifference. He therefore did not fail to meet

4

his burden of proof.

5

Accordingly, Johnson and Stevens’ Motion for Reconsideration [Dkt. #82] is DENIED.

6

IT IS SO ORDERED.

7

Dated this 31st day of May, 2017.

A

8
9

Ronald B. Leighton
United States District Judge

10

11

12
13
14
15
16
17
18
19
20
21
22
23
24

DKT. #82 - 3