Chase v. Dep't of Pub. Safety & Corr. Servs.
| Decision Date | 20 April 2020 |
| Docket Number | Civil Action No. ELH-18-2182 |
| Parties | JABRIEL CHASE Plaintiff v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES, et al., Defendants. |
| Court | U.S. District Court — District of Maryland |
This case concerns the medical care provided to plaintiff Jabriel Chase for a broken ankle while he was incarcerated at Western Correctional Institution ("WCI") in Cumberland, Maryland. On July 16, 2018, plaintiff, who was then self-represented, filed suit pursuant to 42 U.S.C. § 1983. ECF 1. He subsequently supplemented (ECF 3) and amended (ECF 6) his Complaint, naming as defendants the Maryland Department of Public Safety and Correctional Services ("DPSCS"); Richard J. Graham Jr., the former Warden of WCI; Bradley O. Butler, formerly WCI's Security Chief (collectively, the "Correctional Defendants); Wexford Health Sources, Inc. ("Wexford"); and Fatima Hussein, M.D. Several motions to dismiss (ECF 23; ECF 25; ECF 32; ECF 36) followed, which the Court denied in a Memorandum Opinion (ECF 43) and Order (ECF 44) of September 27, 2019. Thereafter, the Court appointed pro bono counsel for plaintiff. ECF 46.
Through counsel, plaintiff filed an Amended Complaint against the same defendants. ECF 57. Mr. Graham and Mr. Butler are sued in their individual and official capacities, while Dr. Hussein is sued only in her individual capacity. Id. ¶¶ 11, 12, 14. The Amended Complaint lodges one claim under § 1983 against all the defendants, alleging inadequate medical care, in violation of the Eighth and Fourteenth Amendments to the Constitution. Id. ¶¶ 61-68. Plaintiff seeks compensatory damages, punitive damages, attorneys' fees, and costs. Id. at 15.
The Correctional Defendants and Wexford answered the Amended Complaint. ECF 58 (Correctional Defendants); ECF 61 (Wexford). However, Dr. Hussein has moved to dismiss, pursuant to Fed. R. Civ. P. 12(b)(6) or, in the alternative, for summary judgment, under Fed. R. Civ. P. 56. ECF 59. The motion is supported by a memorandum of law (ECF 59-1) (collectively, the "Motion), and Dr. Hussein's Affidavit. ECF 59-2. Mr. Chase opposes the Motion (ECF 64) and Dr. Hussein has replied. ECF 65.
The Motion is fully briefed, and no hearing is necessary to resolve it. See Local Rule 105.6. For the reasons that follow, I shall construe the Motion as one to dismiss and I shall grant it.
Mr. Chase is incarcerated at WCI, a correctional facility operated by DPSCS. ECF 57, ¶ 9. At the relevant time, Mr. Graham was the Warden of WCI and Mr. Butler was WCI's Chief of Security. Id. ¶¶ 11, 12. Wexford, a Florida corporation headquartered in Pittsburgh, Pennsylvania, provided medical services to inmates at DPSCS facilities, including WCI Id. ¶ 13. Wexford's contract with DPSCS expired on December 31, 2018. Id. Dr. Hussein, a licensed physician, provided medical care to inmates at WCI. Id. ¶ 14; see also ECF 59-2.2
On April 7, 2018, Mr. Chase suffered an acute ankle fracture while defending a friend whohad been attacked in the recreation hall. Id. ¶ 15. Following the incident, Mr. Chase's left ankle was visibly swollen. Id. ¶ 16. He was transported by wheelchair to the WCI infirmary. Id. During the initial visit, Registered Nurse Dennis Martin wrapped Mr. Chase's ankle with an Ace bandage and provided him with crutches for ambulation. Id. ¶ 17.
Following plaintiff's visit to the infirmary, DPSCS sought to place Mr. Chase in segregated housing because of his involvement in a fight. Id. ¶ 18. Mr. Chase was wheeled to the segregation unit. Id. Upon arrival, DPSCS staff learned that the bottom tier of the segregation unit was occupied. So, Mr. Chase was placed in a wheelchair-accessible cell. Id.
Mr. Chase was taken to the infirmary on April 8, 2018, for further evaluation. Id. ¶ 19. Nurse Practitioner Beverly McLaughlin and other Wexford staff observed that Mr. Chase's left ankle was swollen. Id. ¶ 20. Mr. Chase reported that he believed his left ankle was broken, that he was in pain, and that his left ankle could not bear any weight. Id. Wexford medical staff told Mr. Chase to continue using crutches, prescribed a three-day supply of pain medication, and scheduled him for an x-ray. Id.
Mr. Chase received an x-ray on the morning of April 10, 2018. Id. ¶ 22. Dr. Hussein reviewed the radiology report with Mr. Chase and informed him that his left ankle was indeed fractured. Id. ¶ 23. Dr. Hussein instructed Mr. Chase to continue ambulating with crutches and recommended that he use a wheelchair when traveling long distances. Id. ¶ 24. However, instead of providing Mr. Chase with a cast, boot, or brace, Dr. Hussein re-wrapped Mr. Chase's ankle with an Ace bandage and splint. Id. ¶ 25. Further, plaintiff claims that Dr. Hussein failed to submit a medical report directing DPSCS to place Mr. Chase in appropriate housing, i.e., a bottom bunk in a cell located on the bottom tier of a unit. Id. And, plaintiff alleges that Dr. Hussein told him that he did not need to go to a hospital. Id.
Following the visit, DPSCS transported Mr. Chase back to the segregation unit by wheelchair. Id. ¶ 26. However, instead of placing Mr. Chase in a wheelchair-accessible cell, DPSCS allegedly assigned him to an upper-tier cell on the segregation unit. Id. In addition, DPSCS took away Mr. Chase's wheelchair. Id.
Mr. Chase remained in the upper tier of the segregation unit for the next 180 days. Id. ¶ 27. To access his cell, plaintiff "was required to regularly walk up and down the stairs on a broken ankle." Id. And, he was required to use a regular shower as opposed to the handicap-accessible showers. Id. Plaintiff's makeshift ankle splint "soon disintegrated in the shower, leaving him with no ankle support." Id. As a result, plaintiff alleges that he was "required to hobble around his cell to eat, shave, and perform other daily activities, without any support for his broken left ankle." Id.
On April 20, 2018, Mr. Chase was evaluated by Dr. Roy J. Carls, an orthopedic specialist designated by Wexford to treat patients with bone injuries. Id. ¶ 29. Based on Mr. Chase's x-rays, Dr. Carls recommended that he receive a medical boot and a follow-up x-ray in one month. Id. ¶ 30. Despite Dr. Carls telling Mr. Chase that he would recommend a boot, Mr. Chase never received one. Id. ¶ 31. Moreover, according to plaintiff, neither Wexford nor DPSCS staff submitted a request for Mr. Chase to receive appropriate housing while he awaited the boot. Id.
Mr. Chase was seen by Nurse Practitioner Janette Clark on May 4, 2018. Id. ¶ 32. She observed that, based on Dr. Carls's treatment plan from the visit on April 20, 2018, Mr. Chase was to receive a medical boot. Id. And, Ms. Clark noted "swelling of Mr. Chase's left ankle and a pronounced limp." Id. Therefore, she requested a follow up with an orthopedic specialist and scheduled Mr. Chase for another x-ray. Id. Plaintiff alleges that Ms. Clark also submitted an electronic form requesting a boot. Id. ¶ 33. Again, however, a boot did not materialize. Id.
Plaintiff alleges that he experienced pain throughout May 2018. Id. ¶ 34. And, hecontinued to walk with a "noticeable limp." Id. Yet, in May 2018, DPSCS took away Mr. Chase's crutches. Id.
On May 21, 2018, Mr. Chase underwent another x-ray. Id. ¶ 35. It "showed an acute avulsion fracture, anatomical alignment, and a preserved mortise" in his left ankle. Id.
According to plaintiff, on June 6 and 14, 2018, DPSCS "ignored two sick call requests" in which he "reported pain and requested follow-up regarding the medical boot that he had not received." Id. ¶ 36. On June 22, 2018, Mr. Chase underwent another evaluation. Id. ¶ 37. He walked to his appointment without the support of a boot, brace, or crutches. Id. During the visit, Registered Nurse Ashley Chucci observed that Mr. Chase's left ankle was "visibly disfigured and out of proper alignment." Id. An x-ray performed during the visit revealed "increased distance between the medial malleolus and talus at the ankle joint." Id. ¶ 38. But again, Mr. Chase was not provided with a medical boot or appropriate housing. Id. ¶ 37.
The next day, Nurse Practitioner Beverly McLaughlin treated Mr. Chase. Id. ¶ 39. Ms. McLaughlin noted that Ms. Clark had ordered a medical boot for plaintiff. Id. Ms. McLaughlin told Mr. Chase that she would follow up via email as to why he had not received the medical boot. Id. Mr. Chase also had an appointment on June 24, 2018, during which Ms. Clark "once again noted that Mr. Chase did not receive the medical boot . . ." Id. ¶ 40.
Plaintiff filed a Request for Administrative Remedy on July 1, 2018. Id. ¶ 41. In the Request, Mr. Chase complained that he had not receive a medical boot despite at least one order, three x-rays showing an acute fracture, and a half dozen sick call requests. Id. Further, Mr. Chase stated that "'due to medical negligence I was informed by Nurse Ashley that my ankle healed improperly.'" Id.
Mr. Chase filed two additional sick call requests in connection with his ankle. One was onJuly 5, 2018 and the other was on July 11, 2018. Id. ¶ 42. On July 11, 2018, Licensed Practical Nurse Lori Kester evaluated Mr. Chase and provided him with an ankle brace. Id. ¶ 43. However, plaintiff claims that Ms. Kester "did not provide [him] with instruction on the use of the ankle support" and that an ankle support is "neither comparable to a medical boot nor able to provide the proper treatment for a fractured ankle." Id.
Ms. McLaughlin evaluated plaintiff on July 21, 2018. Id. ¶ 45. She observed that Mr. Chase still had not received a medical boot, and prescribed a bottom tier and bottom bunk status for him. Id. After the appointment, Ms. McLaughlin allegedly filed the appropriate DPSCS form directing that Mr. Chase receive bottom-tier and bottom-bunk status. Id. ¶ 46. Nonetheless, because DPSCS failed to provide Mr. Chase with appropriate housing, he put in another sick call request. Id. ¶ 47. When Ms. McLaughlin met with Mr....
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