Alicea v. Score Jail

• Decision Date: 23 February 2017
• Docket Number: No. C16-5153 RBL-KLS,C16-5153 RBL-KLS
• Court: U.S. District Court — Western District of Washington
• Parties: NATHAN R. ALICEA, Plaintiff, v. SCORE JAIL, et al., Defendants.

NATHAN R. ALICEA, Plaintiff,
v.
SCORE JAIL, et al., Defendants.

No. C16-5153 RBL-KLS

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

February 23, 2017

REPORT AND RECOMMENDATION
Noted for: February 17, 2017

Defendants South Correctional Regional Jail ("SCORE") and Correctional Officer Spencer Summers (collectively, the "SCORE Defendants") move for summary judgment dismissal of Plaintiff Nathan R. Alicea's claims against them pursuant to Fed. R. Civ. P. 56. Dkt. 53. Mr. Alicea, a former prisoner proceeding pro se, claims that the SCORE Defendants were deliberately indifferent to his serious medical needs during the time he was confined at the SCORE Jail between December 22, 2015 and January 16, 2016.

Mr. Alicea filed no response to the motion for summary judgment. If a summary judgment motion is unopposed, Rule 56 "authorizes the court to consider a fact as undisputed," but it does not permit the court to grant summary judgment by default. Under the summary judgment standard, if the moving party fails to meet its initial burden of production, the opposing party need not produce anything. Nissan Fire & Marine Ins. Co. v. Fritz Companies, Inc., 210 F.3d 1099, 1102-03 (9th Cir.2000). The Court therefore, addresses the SCORE Defendants'

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motion for summary judgment on the merits and considers the facts set forth in the declarations supporting their motion as undisputed.

Having reviewed the motion for summary judgment, declarations, the Amended Complaint, and balance of the record, and for the reasons set forth herein, the undersigned recommends that the SCORE Defendants' motion for summary judgment be granted.

STATEMENT OF UNDISPUTED FACTS

A. Plaintiff's December Incarceration at SCORE Jail

Mr. Alicea is frequently incarcerated in jail, and has a history of mental illness. Dkt. 46, Declaration of Eric C. Nelson, ARN, Health Services Administrator of CCS at SCORE, at ¶ 2; Dkt. 47, Declaration of Ron Whitten-Bailey, ARNP, Nurse Practitioner of CCS at SCORE, at ¶ 2. Medical records at SCORE Jail obtained from St. Joseph's Hospital reflect that Mr. Alicea sustained injuries on December 9, 2015 when he was riding a motorcycle while under the influence of methamphetamine. Id., Dkt. 46-1, Ex. 1, pp. 1-4; Dkt. 47-1, Ex. 1, pp. 1-4 [St. Joseph's Hospital Records]¹.

Mr. Alicea was incarcerated at SCORE Jail for three weeks. He was booked on December 22, 2015 and transferred out on January 14, 2016. Dkt. 10 at 4, 4.3. This was the fifth time Mr. Alicea had been booked into the SCORE jail. Dkt. 54, Declaration of Penny Bartley, Director of SCORE, ¶ 3. Mr. Alicea was previously incarcerated at SCORE in November of 2014, and January, February and March of 2015. Id.

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B. Failure to File Grievance at SCORE

Mr. Alicea alleges three claims related to the SCORE defendants: (1) he was denied pain medication for the injuries he sustained in his motorcycle accident; (2) he was forced to sleep on the floor and because of his injuries, he had difficulty getting up and as a result, he defecated on himself several times; and (3) he verbally asked for medical attention and was ignored. Dkt. 10, at 3-5. Mr. Alicea never filed a grievance at SCORE regarding any of the allegations in his Amended Complaint. Dkt. 54, Bartley Decl, ¶ 5. All persons booked into SCORE are provided access to the Inmate Manual, which sets out, in relevant part, the grievance procedure that must be followed:

You have the right to a prompt and professional response to each legitimate grievance. All grievances must be submitted using a Grievance Form, available to you upon request.

Grievances must be submitted within 24 hours and need to specifically detail the reasons for your grievance, and the specific resolution you are seeking; however, your suggested resolution may not seek financial compensation.

Medical grievances will be submitted through the medical staff and will be adjudicated by medical staff.

Both the grievance and response to the grievance must be in writing.

Dkt. 54, Exh. C (Inmate Manual, § 6.4).

Mr. Alicea read and signed a form acknowledging that it was his responsibility to review and understand the rules outlined in the Inmate Manual. Id., Bartley Decl. ¶ 5, and, Exh. B. Mr. Alicea was also familiar with the procedure for filing an inmate grievance, because he had frequently been at SCORE and because he had filed a grievance during one of his previous stays at SCORE. Id., Bartley Decl, ¶ 7, and Exh. D. In his amended complaint, Mr.

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Alicea states he did not fully exhaust his administrative remedies at SCORE because he is not knowledgeable in the "legal process." Dkt. 4, at 5.

C. Officer Summers - Denial of Request for Help

Mr. Alicea claims that on January 11, 2016, Officer Summers said "[Alicea] did not need medical attention and CO Summers was not going to call them." Dkt 10 at 4.2. Mr. Summers states that he was not working on January 11, 2016. Dkt. 55, Declaration of Spencer Summers, ¶ 3. Officer Summers states that he had no interaction with Mr. Alicea. Id., ¶ 5. Mr. Alicea admits that he was seen by medical staff a short time later that same day. Dkt. No. 10, at 5.

D. Sleeping on Mattress for Four Days

Mr. Alicea was booked into SCORE on December 22, 2015. Dkt. 10 at 4. Mr. Alicea alleges that he told the booking officer he was in pain and was on pain medications due to the injuries he sustained in the motorcycle accident. Dkt. 10, at 3. The booking sheet indicates that the Arresting/Transport Officer noted that Mr. Alicea had no medical conditions needing attention. Dkt. 54, Bartley Decl., Exh. A.

After booking, Mr. Alicea was placed in pod N5, cell 12, bed C, which is the upper right bunk, where he stayed from December 22, 2015 until December 24, 2015. On December 24, 2015, Mr. Alicea was moved to pod S1, cell 6, bed E. Due to high occupancy, his bed was on the floor. Mr. Alicea was provided a mattress in a plastic "boat" which elevates the mattress approximately four inches off the floor. He remained in this cell until December 28, 2015. He was then moved to pod N6 - 04, which is an open pod without individual cells. Mr. Alicea had his own elevated bed in this cell. Id., Bartley Decl., ¶ 9.

Officer Summers does not recall that any inmate, including Mr. Alicea, ever defecated on himself. Dkt. 55, Summers Decl., at ¶ 5.

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E. Medical Treatment

Correct Care Solutions (CCS) provides medical care for inmates at SCORE pursuant to a contract between CCS and SCORE. Facts relating to Mr. Alicea's medical care were provided by Defendants CCS and Ron Whitten-Bailey (hereinafter "Medical Providers") in declarations supporting their motion for summary judgment. Dkts. 45 (Motion for Summary Judgment), Dkt. 46 (Declaration of Eric C. Nelson, ARNP, Health Services Administrator of CCS at SCORE), and Dkt. 47 (Declaration of Ron Whitten-Bailey, ARNP, Health Services Administrator of CCS at SCORE). This Court granted the Medical Providers' motion for summary judgment on November 21, 2016. Dkts. 52 and 57.

On December 23, 2015, the day after he was booked into the SCORE Jail, the Medical Providers began giving Mr. Alicea pain medications and continued to give him pain medications every day through his release. Dkt. 46, Nelson Decl. at ¶ 4; Dkt. 47, Whitten-Bailey Decl. at ¶ 3; Dkt. 47-1, Ex. 2, pp. 18-23. A list of medications administered to Mr. Alicea during this time period included ibuprofen, acetaminophen, Wellbutrin Sr, Trazodone, and Prazosin. Id.

Nurse Practitioner Whitten-Bailey states that there are good reasons not to give narcotics to inmates with histories of drug abuse, including that it contributes to their addiction while they are in jail. Dkt. 47, Whitten-Bailey Decl., ¶ 4. Providing non-narcotic pain medication is generally an accepted way of treating the pain of inmates with narcotics addictions. Id.

On December 27, 2016, at 6:49 am, CCS received a Medical Service Request (Medical Kite) from Mr. Alicea. Dkt. 46, Nelson Decl., ¶ 5, Dkt. 46-1, Ex. 3 [12/27/15 Medical Kite], pp. 25-26. The Kite was entered into the system by CCS employee Jacquelyn Bensinger. Id. The same day, at 3:40 pm, Mr. Alicea was examined by Ron Whitten-Bailey, ARNP. Id., Nelson

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Decl., Ex. 4, pp. 29-30 [Sick Calls]; Dkt. 47, Whitten-Bailey Decl., ¶ 5. At this visit, Mr. Whitten-Bailey provided Mr. Alicea with an additional mattress and anti-inflammatory medications. Dkt 10, p. 4; Dkt 12 (Supplement to Amended Complaint), pp. 2-3 of 14. In response to Mr. Alicea's allegation that he was "again denied pain meds," id., Nurse Practitioner Whitten-Bailey states that Mr. Alicea was denied narcotics but received non-narcotic pain medications, including ibuprofen and acetaminophen. Dkt. 47, Whitten-Bailey Decl., ¶ 5, Dkt. 47-1, Ex. 4, pp. 28-29. In the Objective section of his medical records, Mr. Whitten-Bailey described Mr. Alicea as "Alert and oriented to person, place, and time. Appropriate affect. Moving all extremities normally. Gait normal. No focal defects seen." Id. However, Mr. Whitten-Bailey assessed Mr. Alicea as having acute pain, and a history of PTSD, abnormal grief loss, and depression. Id.

Mr. Whitten-Bailey's plan was to obtain the medical records from St. Joseph's Hospital and Greater Lakes, and he prescribed more ibuprofen and APAP (acetaminophen) for pain. Id., p. 29. On December 31, 2016, Mr. Alicea was examined by CCS medical provider Virginia Richardson, ARNP, for a Mental Status Exam. Dkt. 46, Nelson Decl., ¶ 9; Dkt. 46-1, Ex. 2, pp. 9-10. Nurse Richardson prescribed additional medications for Mr. Alecia, including the anti-depressants Bupropion, Wellbutrin Sr, Trazodone, and Prazosin (for high blood pressure). Id., Ex. 2, pp. 9, 14-17.

On January 2, 2016, Mr. Alicea submitted and CCS received, a second Medical Kite. Dkt. 46, Nelson Decl., ¶ 10; Dkt. 46-1, Ex. 5, p. 33 [01/02/16 Medical Kite]. In this Kite, Mr. Alicea requested adjustment of his medication Wellbutrin. Id. CCS informed Mr. Alicea that day...