Camps v. Scholtz

• Decision Date: 23 March 2020
• Docket Number: Civ. No. 17-1895 (RMB-JS)
• Parties: CALVIN CAMPS, Plaintiff v. MILLIE SCHOLTZ, et al., Defendants
• Court: U.S. District Court — District of New Jersey

CALVIN CAMPS, Plaintiff v. MILLIE SCHOLTZ, et al., Defendants

Civ. No. 17-1895 (RMB-JS)

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE

March 23, 2020

NOT FOR PUBLICATION

ECF No. 149

OPINION

APPEARANCES:

CALVIN CAMPS

MQ 1920

SCI Phoenix

P.O. Box 244

Collegeville, PA 19426

Plaintiff, pro se

STEPHEN D. HOLTZMAN, Esq.

JEFFREY S. MCCLAIN, Esq.

HOLTZMAN & MCCLAIN, PC

524 Maple Ave., Suite 200

Linwood, NJ 08221

On behalf of Defendants CFG Health Systems, LLC; Dr. Grace Nugent [Dr. Jane Doe], Christina Owens, LPN; Lynn Johnson, NP; Mary Quinn-Murphy, LPN; and Stacey Chase, RN

BUMB, United States District Judge

This matter comes before the Court upon the summary judgment motion of Defendants CFG Health Systems, LLC; Dr. Grace Nugent [Dr. Jane Doe], Christina Owens, LPN; Lynn Johnson, NP; Mary Quinn-Murphy, LPN; and Stacey Chase, RN (collectively, the "Medical Defendants") (Medical Defs' Mot. for Summ. J., ECF No. 149); Brief in Supp. of Summ. J. ("Medical Defs' Brief, ECF No. 149-11); the Medical Defs' Statement of Undisputed Material Facts ("Medical Defs' SOMF," ECF No. 149-2); and Plaintiff's Brief in Opposition to the Medical Defendants' Motion for Summary Judgment (Pl's Opp. Brief, ECF No. 160.)

Pursuant to Federal Rule of Civil Procedure 78(b), the Court will determine the motion for summary judgment on the briefs without oral argument.

I. BACKGROUND

Plaintiff's original complaint was filed in the New Jersey Superior Court, Burlington County on February 29, 2016. (Compl., ECF No. 1 at 8.) Defendant Mildred Scholtz removed the action to this Court on March 22, 2017. (Notice of Removal, ECF No. 1.) On December 18, 2018, Plaintiff was granted leave to amend the complaint to add Defendants CFG Health Systems, LLC; Dr. Grace Nugent (identified in Plaintiff's Third-Party Complaint as Doctor Jane Doe); Christina Owens, LPN; Mary Quinn-Murphy, LPN (identified in Plaintiff's Third-Party Complaint as Nurse Murphy); Lynn Johnson, NP (identified in Plaintiff's Third-Party Complaintas Nurse Johnson) and Stacey Chase, RN as defendants. (Order, ECF No. 92; Am. Compl., ECF No. 93.)¹

Plaintiff's Amended Complaint was filed on December 18, 2018. (Am. Compl., ECF No. 93.) The Medical Defendants filed their Answer on March 6, 2019. (Answer, ECF No. 110.) The Medical Defendants set forth affirmative defenses including violation of the applicable statute of limitations and failure to exhaust grievances. (Id.)

II. THE AMENDED COMPLAINT

Plaintiff alleges the following facts against the Medical Defendants in the Amended Complaint. (Am. Compl., ECF No. 93.) Plaintiff was a pre-trial detainee in Burlington County Jail at all relevant times alleged in the Complaint. (Id., ¶4.) CFG Health Systems, LLC is contracted to provide medical services for inmates confined in Burlington County Jail. (Id., ¶9.) Plaintiff is suffering from Hepatitis C, genotype 1b. (Id. at 7.) Before he was arrested and taken to Burlington County Jail, Plaintiff was taking medication for his ongoing liver condition. (Id. at 12.)

Upon admission to Burlington County Jail on the night of December 15, 2014, Plaintiff was seen by Nurses Quinn-Murphy, Johnson and Owens. (Id. at 8.) He alleges that he told them abouthis medical conditions and asked them to call the Philadelphia Veteran's Hospital about his ongoing treatment, but they did not do so. (Am. Compl., ECF No. 93 at 8-9.) Plaintiff alleges he told all of the Medical Defendants about his medical conditions and that he needed medication, but they failed to put this information in his medical records. (Id. at 9.) The Medical Defendants did not order any tests or seek to find out what medications Plaintiff was taking. (Id.) Plaintiff alleges the failure to treat him aggravated his pre-existing medical conditions. (Id. at 11.)

Plaintiff asserts the Medical Defendants, by failing to treat his Hepatitis C, violated his rights under the Fourteenth Amendment Due Process Clause, the New Jersey Constitution and under New Jersey state law. Plaintiff alleges supervisory liability against CFG Health Systems, LLC; Dr. Grace Nugent; and Stacey Chase, Health Services Administrator, who is the final policymaker for CFG Health Systems, LLC. (See generally Am. Compl., ECF No. 93.)

III. DISCUSSION

A. Summary of Arguments

1. The Medical Defendants' Brief

The Medical Defendants contend they are entitled to summary judgment for several reasons. First, they argue that the undisputed material facts establish their lack of deliberate indifference to Plaintiff's serious medical needs; thus, Plaintiff fails to state a claim under 42 U.S.C. § 1983. (Medical Defs' Brief, ECF No. 149-11 at 10-12.) The Medical Defendants assert Plaintiff's claims are based on his belief that he should have received continued medical treatment upon his detention, but there is no evidence that Plaintiff advised the Medical Defendants that he was receiving HCV² treatment when he was incarcerated at Burlington County Jail nor is there evidence that he actually was receiving HCV treatment at that time. (Id. at 11-12.) Moreover, the Medical Defendants argue that Plaintiff cannot maintain a claim for future injury because he concedes that he no longer has HCV. (Id. at 15.) Further, they maintain that the lack of expert testimony is fatal to Plaintiff's § 1983 claims. (Id.) Second, the Medical Defendants contend that Plaintiff failed to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). (Id. at 13-15.) Third, and the argument this Court addresses infra, the Medical Defendants assert Plaintiff's claims are barred by the two-year statute of limitations. (Id. at 17-19.)

In support of their motion for summary judgment, the Medical Defendants offer the following undisputed material facts with respect to their statute of limitations defense:

• Plaintiff was released from Burlington County Jail on July 24, 2015.

• Plaintiff's initial complaint was filed on February 29, 2016.

• Plaintiff's original complaint fails to identify any of the medical defendants, fails to utilize fictitious party pleading and fails to provide any description of the individual defendants.

• Plaintiff's complaint named as defendants Warden Mildred Scholtz, Captain McDonnelly, Sargeant Davis and the Board of Chosen Freeholders of Burlington County.

• In the complaint, Plaintiff identified a number of his medical conditions, including "heart, lung, C.O.P.D., Liver "C", diabetes, high blood pressure, back, lower 4-V-BRA, shoulder, left side, arm, hand", but not HCV, and alleged they were aggravated while he was confined in Burlington County Jail.

• Plaintiff did not allege that any medical provider denied him treatment for any serious medical need.

• On December 18, 2018, Plaintiff was granted leave to amend to add Defendants CFG Health Systems, LLC; Dr. Grace Nugent (incorrectly identified in the Plaintiff's Third-Party Complaint Doctor Jane Doe); Christina Owens, LPN; Mary Quinn-Murphy, LPN (incorrectly identified in the Plaintiff's Third-Party Complaint Nurse Murphy); Lynn Johnson, NP (incorrectly identified in the Plaintiff's Third-Party Complaint as Nurse Johnson) and Stacey Chase, RN as defendants.

• Plaintiff's Amended Complaint was filed on December 18, 2018.

• Defendants' Answer was filed on March 6, 2019. Defendants denied negligence and deliberate indifference and set forth affirmative defenses including violation of the applicable statute of limitations and failure to exhaust grievances.

• Plaintiff's Burlington County Jail medical records show that Plaintiff reported having a medical history of Hepatitis C. (Exhibit E, ECF No. 149-8 at 2, 9.)

• There is no evidence in the record that Plaintiff was undergoing HCV treatment at the time he was incarcerated at the jail in Burlington County, from December 15, 2014 to July 24, 2015.

• Plaintiff only advised staff that he was taking Metformin 500 mg daily for diabetes and Lisinporil 20 mg daily for high blood pressure/heart failure. (Exhibit E, ECF No. 149-8 at 1.)

• Plaintiff received these medications throughout his entire incarceration. (Exhibit E, ECF No. 149-8 at 7, 10, 11; 149-9 at 5, 6, 8, 9, 10.)

• There is no evidence that Plaintiff advised the Medical Defendants of any ongoing medical treatment for HCV. (Exhibit E, ECF No. 149-8 at 1.)

• Plaintiff submitted several inmate request forms seeking medical attention, but none dealt with HCV. (Exhibit E, ECF Nos. 3, 4, 5, 6, 9.)

• Plaintiff did not file an administrative grievance seeking treatment of HCV. (Exhibit E, ECF Nos. 149-8 and 149-9.)

• Plaintiff wrote to the Court and parties on July 14, 2019 to advise that he does not have or no longer has HCV as per Temple University Hospital. (Exhibit F, ECF No. 149-10.)

At the outset, the Court notes that the Medical Defendants do not appear to have construed the amended complaint to contain state law claims, as they have not specifically addressed state law claims in their motion for summary judgment. Plaintiff, however, refers generally to state law violations and the New Jersey Constitution in the amended complaint. Courts must liberally construe pleadings by pro se litigants. Erickson v. Pardus, 551U.S. 89, 94 (2007). Thus, the Court will address whether the Medical Defendants' statute of limitations defense precludes Plaintiff's state law claims under the New Jersey Tort Claims Act ("NJTCA"), N.J.S.A. 59:1-1 et seq. and/or the New Jersey Civil Rights Act ("NJCRA"), §10A:6-1 et seq., as well as his § 1983 claims.

2. Plaintiff's Opposition Brief

Plaintiff opposes summary judgment. (Pl's Opp. Brief, ECF No. 160.) He submits that he filed grievances over his concerns about conditions at the Burlington County Jail and obtained final administrative review. (Id. at 2.) He reasserts his allegation that on December 15, 2014, he requested and was denied anti-viral medications to treat Hepatitis C. (Id. at 3.) Plaintiff also complains that he has not received responses to all of his discovery requests, which he needs to create...