Hartsfield v. Colburn

• Decision Date: 14 June 2004
• Docket Number: No. 03-2602.,03-2602.
• Parties: Napoleon HARTSFIELD, Appellant, v. Nurse Janice COLBURN; Capt. McGregor; Dr. Lugwig; Capt. McGregor; Sheriff Conord; Lt. Brundies, Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

371 F.3d 454

Napoleon HARTSFIELD, Appellant, v. Nurse Janice COLBURN; Capt. McGregor; Dr. Lugwig; Capt. McGregor; Sheriff Conord; Lt. Brundies, Appellees.

No. 03-2602.

United States Court of Appeals, Eighth Circuit.

Submitted: April 7, 2004.

Filed: June 14, 2004.

Appellant appeared pro se.

Theodore J. Priester, argued, Davenport, IA, and Chester C. Woodburn, III, of Des Moines, IA, for appellees.

Before BYE, McMILLIAN, and RILEY, Circuit Judges.

MCMILLIAN, Circuit Judge.

Iowa inmate Napoleon Hartsfield appeals from the adverse grant of summary judgment entered in the District Court for the Southern District of Iowa in his 42 U.S.C. § 1983 action asserting that defendants were deliberately indifferent to his medical needs while he was a pretrial detainee at the Scott County Jail (Jail). For reversal, Hartsfield argues that the district court erred in (1) analyzing his claims under the Eighth Amendment rather than the Due Process Clause, and requiring him to present verifying medical evidence; (2) considering an unsworn affidavit offered by defendants, but not considering his verified original and amended complaints as affidavits; (3) failing to rule on his claims that defendants had a custom, policy, or practice of intentionally delaying the medical treatment of pretrial detainees, and that defendants had retaliated against him; (4) failing to give him advance notice that the court was construing defendants' pleadings as a motion for summary judgment; (5) allowing his counsel to withdraw and not appointing new counsel; and (6) denying his motion for reconsideration. For the reasons discussed below, we reverse the judgment of the district court as to all defendants except Lieutenant Brundies.

Hartsfield alleged the following in his verified complaints. On October 20, 2001, Hartsfield submitted a written medical request asking to be examined by Jail Nurse Janice Colburn and Dr. Ludwig,¹ the Jail doctor, for a severe toothache and three loose teeth. Hartsfield continued to complain to Colburn into December 2001, that he was experiencing problems with his teeth and tooth pain, but she ignored his complaints. He filed a grievance on November 28. On December 5, 2001, Hartsfield finally received treatment from a dentist who told Hartsfield that the delay had caused a bad infection in his mouth. The dentist pulled three of Hartsfield's teeth and prescribed antibiotics and ibuprofen. Hartsfield claimed that defendants were deliberately indifferent to his serious medical needs, and that the Jail had a custom or policy of not providing adequate treatment for pretrial detainees in order to save money.

Defendants denied liability and moved for judgment as a matter of law. Dr. Ludwig submitted a statement whose truth he "attested to" (but without any notarization), recounting that in response to Hartsfield's October 20 medical request, he had prescribed ibuprofen but was hesitant to send Hartsfield to a dentist right away because Jail records showed that Hartsfield had previously exhibited threatening and argumentative behavior. In her Jail notes, Colburn confirmed that Dr. Ludwig was hesitant to send Hartsfied to a dentist because of behavioral problems. Colburn indicated that she spoke with Captain McGregor about sending Hartsfield to a dentist, but that Captain McGregor did not give her a definite answer. In response to defendants' motion for judgment as a matter of law, Hartsfield submitted his verified statement that he did not receive ibuprofen and that while he was awaiting treatment, blood seeped from his gums, his mouth became swollen, an infection developed, and he had difficulty eating and sleeping. Hartsfield also claimed that at one point, he encountered Dr. Ludwig in a hallway and requested treatment, but when he identified himself, Dr. Ludwig walked away and said, "I can't talk to you."

Construing defendants' motion as one for summary judgment, the district court granted the motion because Hartsfield had failed to present verifying medical evidence that the delay in dental treatment adversely affected his condition. This appeal followed.

We review the district court's grant of summary judgment de novo, taking as true those facts asserted by Hartsfield that are supported by the record. See Beck v. Skon, 253 F.3d 330, 332-33 (8th Cir.2001). Initially, we conclude Hartsfield was not prejudiced by the district court's failure to give earlier notice that the court was converting defendants' motion for judgment as a matter of law into a summary judgment motion, see Fed.R.Civ.P. 12(c), because Hartsfield had the opportunity to respond, and he did so. We agree with Hartsfield that the allegations made in his verified complaints satisfy affidavit requirements, see 28 U.S.C. § 1746, and while Dr. Ludwig's statement does not appear to comply with affidavit requirements, we find that the district court's consideration of the statement was harmless, because our review of the record convinces us that reversal is required with or without consideration of Dr. Ludwig's statement. We also agree with Hartsfield that his claims are more properly viewed under the Fourteenth Amendment because he was a pretrial detainee during the relevant events. See Ervin v. Busby, 992 F.2d 147, 150 (8th Cir.) (per curiam) (pretrial detainees' claims are evaluated under Due Process Clause rather than Eighth Amendment), cert. denied, 510 U.S. 879, 114 S.Ct. 220, 126 L.Ed.2d 176 (1993). Pretrial detainees are entitled to at least as much protection under the Fourteenth Amendment as under the Eighth Amendment. See Spencer v. Knapheide Truck Equip. Co., 183 F.3d 902, 906 (8th Cir.1999), cert. denied, 528 U.S. 1157, 120 S.Ct. 1165, 145 L.Ed.2d 1076 (2000)....