Francis v. Carroll

• Decision Date: 29 March 2011
• Docket Number: Civ. No. 07–015–LPS.
• Parties: William FRANCIS, Jr., Plaintiff,v.Warden Thomas CARROLL, et al., Defendants.
• Court: U.S. District Court — District of Delaware

773 F.Supp.2d 483

William FRANCIS, Jr., Plaintiff,

v.Warden Thomas CARROLL, et al., Defendants.

Civ. No. 07–015–LPS.

United States District Court, D. Delaware.

March 29, 2011.

William Francis, Jr., Wilmington, Delaware, Pro Se Plaintiff.Ophelia Michelle Waters, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, for Defendants.

MEMORANDUM OPINION

STARK, District Judge:I. INTRODUCTION

Plaintiff, William Francis, Jr. (“Francis”), a former inmate at the James T. Vaughn Correctional Center (“VCC”) (formerly called the Delaware Correctional Center) in Smyrna, Delaware, filed this lawsuit pursuant to 42 U.S.C. § 1983. He appears pro se and has been allowed to proceed in forma pauperis. (D.I. 6) Pending before the Court is State Defendants' Motion for Summary Judgment. (D.I. 98) The Court has jurisdiction pursuant to 28 U.S.C. § 1331. For the reasons that follow, the Court will grant the motion.

II. BACKGROUND

Francis filed his Complaint on January 9, 2007, and amended it on April 23, 2007. (D.I. 2, 10) Francis was housed at the VCC when he filed the original Complaint. He has a periodontal condition and alleges that former VCC warden Thomas Carroll (“Carroll”) violated his rights when he denied him access to dental floss and discriminated against him when inmates at other DOC institutions were given access to dental floss. Francis alleges that Stan Taylor (“Taylor”), as Commissioner of the Delaware Department of Correction (“DOC”), authorized a ban on dental floss and failed to improve dental services for inmates at the VCC when he contracted for medical care with Correctional Medical Services (“CMS”), the former medical provider for the DOC. Francis alleges that Joyce Talley (“Talley”), the Bureau Chief for the Bureau of Management Services of the DOC, was in charge of oversight of prisoner health care and CMS' compliance with its contract and knew, or should have known, that Plaintiff's constitutional rights were being violated as a result of improper treatment of his dental condition.

On September 22, 2009, the Court granted CMS' Motion for Summary Judgment. The Court concluded that CMS was not deliberately indifferent to Francis' dental needs and that it did not violate the Eighth Amendment. (D.I. 93) The Court also found that CMS did not violate Francis' Fourteenth Amendments rights to substantive due process or equal protection. ( Id.)

Francis was diagnosed with periodontal disease in 1997. (D.I. 77 Ex. A at 101) He was housed at the VCC from January 6, 2004 until his release on May 14, 2008. (D.I. 77 Ex. A at 28, 102) Francis testified that, prior to July 1, 2005, when CMS became the contract medical provider for the DOC, treatment for his periodontal disease included cleanings, a tooth extraction, and non-surgical procedures. (D.I. 77 Ex. A at 103–16) Prior to 2005, Francis submitted five grievances with CMS' predecessor, First Correctional Medical (“FCM”), and/or with the VCC seeking permission to possess and use string dental floss or dental toothpicks. ( Id. at 110–22) Three grievances were denied as non-grievable because string dental floss is not permitted in the VCC for security reasons, one grievance was resolved informally, and another grievance was treated as an appeal and forwarded to the Medical Grievance Committee for further action. (D.I. 50 at ¶¶ 1–4; D.I. 77 Ex. A at 80–81, Exs. B–4–B–6, B–8–B–11) Although Francis was not allowed to possess string dental floss, as of September 10, 2007 the commissary sold dental loops or bands for dental care in lieu of string floss after finding that it poses a lesser security risk. (D.I. 77 Ex. A at 50, 58–59) Prior to that time, the DOC did not allow dental floss of any type inside the VCC because of security concerns concerning string dental floss and its potential uses as a tool or rope. (D.I. 77 Ex. A at 51, 57; D.I. 99 Ex. C)

Dental records indicate that Francis received dental treatment as follows: in 2005 on July 28, August 22, and September 2; in 2006 on December 21; and in 2007 on February 23, August 15, and August 21. (D.I. 77 Ex. A at 122–24, 132–34, 137–40; Ex. B–2) Treatment consisted of perio evaluations, treatment plans, x-rays, teeth scalings, Cavatron cleanings, and perio charting. (D.I. 77 Ex A at 122–24, 137) A December 7, 2006 letter to Francis from the CMS quality assurance monitor noted Francis' documented periodontal disease and Francis' request for floss and picks. (D.I. 77 Ex. B–112) Francis was advised the use of floss and picks in the institution is a security issue and could not be authorized. ( Id.) Francis was advised to submit a “sick call slip” to seek medical treatment if he continued to have periodontal problems since he had not requested dental care in over a year. ( Id.) Francis then submitted a sick call request on December 13, 2006, and was seen within a few days. (D.I. 77 Ex. A at 130, 133)

State Defendants Taylor, Carroll, and Talley (“State Defendants”) move for summary judgment on the grounds that they did not violate Francis' Eighth and Fourteenth Amendment rights. (D.I. 98, 99) When Francis did not respond to the motion, on September 27, 2010, the Court directed Francis to respond by October 12, 2010. Francis was advised that if he did not file a response, the Court would decide the motion on the papers submitted. (D.I. 100) Francis did not file a response.

III. LEGAL STANDARDS

“The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The moving party bears the burden of demonstrating the absence of a genuine issue of material fact. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 n. 10, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). A party asserting that a fact cannot be—or, alternatively, is—genuinely disputed must be supported either by citing to “particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for the purposes of the motions only), admissions, interrogatory answers, or other materials,” or by “showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed.R.Civ.P. 56(c)(1)(A) & (B). If the moving party has carried its burden, the nonmovant must then “come forward with specific facts showing that there is a genuine issue for trial.” Matsushita, 475 U.S. at 587, 106 S.Ct. 1348 (internal quotation marks omitted). The Court will “draw all reasonable inferences in favor of the nonmoving party, and it may not make credibility determinations or weigh the evidence.” Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).

To defeat a motion for summary judgment, the non-moving party must “do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita, 475 U.S. at 586–87, 106 S.Ct. 1348; see also Podobnik v. U.S. Postal Service, 409 F.3d 584, 594 (3d Cir.2005) (stating party opposing summary judgment “must present more than just bare assertions, conclusory allegations or suspicions to show the existence of a genuine issue”) (internal quotation marks omitted). However, the “mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment;” a factual dispute is genuine only where “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247–48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.” Id. at 249–50, 106 S.Ct. 2505 (internal citations omitted); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (stating entry of summary judgment is mandated “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial”).

Francis did not respond to the Motion for Summary Judgment. Nonetheless, the Court will not grant the entry of summary judgment without considering the merits of State Defendants' unopposed Motion. See Stackhouse v. Mazurkiewicz, 951 F.2d 29, 30 (3d Cir.1991) (holding that “district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed”).

IV. DISCUSSIONA. Eighth Amendment

The Eighth Amendment proscription against cruel and unusual punishment requires that prison officials provide inmates with adequate medical care. See Estelle v. Gamble, 429 U.S. 97, 103–105, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). In order to set forth a cognizable claim of an Eighth Amendment violation, an inmate must allege (i) a serious medical need and (ii) acts or omissions by prison officials that indicate deliberate indifference to that need. See Estelle, 429 U.S. at 104, 97 S.Ct. 285; Rouse v. Plantier, 182 F.3d 192, 197 (3d Cir.1999). A prison official is deliberately indifferent if he knows that a prisoner faces a substantial risk of serious harm and fails to take reasonable steps to avoid the harm. See Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). A prison official may manifest deliberate indifference by “intentionally denying or delaying access to medical care.” Estelle, 429 U.S. at 104–05, 97 S.Ct. 285.

“[A] prisoner has no right to choose a specific form of medical treatment,” so long as the treatment provided is reasonable. Harrison v. Barkley, 219 F.3d 132, 138–140 (2d Cir.2000). An inmate's claims against members of a prison medical department are not viable under § 1983 where the inmate receives...