Lebaron v. Mass. P'ship for Corr. Healthcare
| Decision Date | 01 December 2017 |
| Docket Number | CIVIL ACTION NO. 14-14138-LTS |
| Parties | NATHAN MARQUIS LEBARON, Plaintiff, v. MASSACHUSETTS PARTNERSHIP FOR CORRECTIONAL HEALTHCARE, LYNN GILLIS, JAMES THOMPSON, NEAL NORCLIFFE, KEELIN GARVEY, JAY TOOMEY, JOE ZIMAKAS, LINDA ALBOHN, PAUL CARATAZZOLA, MPCH SUPERVISORY AUTHORITIES, Defendants. |
| Court | U.S. District Court — District of Massachusetts |
REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (#182).
Originally filed in the state superior court, this case was removed to the federal court in November of 2014. When the complaint was filed, plaintiff Nathan Marquis LeBaron was an inmate in the custody of the Massachusetts Department of Corrections (DOC). He has since been released.
In Count I of the complaint, LeBaron alleges a claim for retaliation. (#1-2 ¶¶ 153-58.) Count II incorporates claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the First Amendment. Id. ¶¶ 160-66. A number of federal constitutional claims under 42 U.S.C. § 1983, and state constitutional claims under Massachusetts General Laws chapter 12, §§ 11H and 11I, are alleged in Count III. Id. ¶¶ 168-71. In Count IV, LeBaron asserts a conspiracy claim under 42 U.S.C. § 1985. Id. ¶¶ 173-92.
On October 24, 2017, defendants collectively filed a motion for summary judgment, together with a memorandum in support and a statement of undisputed material facts. (##182, 183, 184.) LeBaron has filed no response to the dispositive motion.
To the extent that they are supported by the record, defendants' material facts shall be accepted as true.1 Since July of 2013, defendant Massachusetts Partnership for Correctional Healthcare (MPCH) has been under contract with the Massachusetts DOC to provide certain medical and mental health services to inmates in the custody of the department. (#184 ¶ 2.)2 At all relevant times, defendant Lynn Gillis, RN, was a Health Services Administrator (HSA) at Massachusetts Correctional Institution - Shirley (MCI-Shirley) and an employee of MPCH. Id. ¶ 3. Defendant James Thompson, M.D., was a psychiatrist employed by MPCH. Id. ¶¶ 5-6.Defendant Neal Norcliffe, LICSW, was the mental health director at Old Colony Correctional Center (OCCC) and an MPCH employee. Id. ¶¶ 5, 9. Defendant Keelin Garvey, M.D., was a psychiatrist at OCCC employed by MPCH. Id. ¶¶ 5, 10. Defendant Joseph Toomey, Ph.D., was a psychologist at OCCC and an MPCH employee. Id. ¶¶ 5, 11. Defendant Linda Albohn,3 LPN, was the prisoner Grievance and Appeals Coordinator employed by MPCH. Id. ¶¶ 5, 13. Defendant Paul Caratazzola was an HSA at OCCC and an MPCH employee. Id. ¶¶ 5, 14.
In a grievance dated February 24, 2014, and received by HSA Gillis on March 5, 2014, LeBaron complained that on February 15, 2014, he had urinated blood and large clots. Id. ¶ 16. Gillis responded to LeBaron on March 6, 2014, stating that LeBaron had been evaluated by both nursing staff and a medical provider for his symptoms, and that a doctor would see him for a follow-up appointment. Id. On April 11, 2014, LeBaron appealed this grievance; the appeal was received by defendant Albohn on April 29, 2014. Id. ¶ 17. In her May 2, 2014 response, Albohn stated that LeBaron's urine sample had been sent to the laboratory for testing and that a doctor would review the results with him. Id.
In a June 23, 2014 grievance which was received on June 26, 2014, LeBaron complained to HSA Caratazzola at OCCC that the HSA at MCI-Shirley, defendant Gillis, had ignored a grievance he had allegedly filed on April 11, 2014. Id. ¶ 18. In his response four days later, Caratazzola informed LeBaron that his grievance was being forwarded to the HSA at MCI-Shirley for disposition. Id. On August 23, 2014, LeBaron appealed this grievance. Id. ¶ 19. Albohnreceived the appeal on August 28, 2014, and responded on September 3, 2014,4 stating that after a thorough investigation, there was no evidence that plaintiff had filed an April 11, 2014 medical grievance. Id. ¶ 19.
In a July 10, 2014 grievance received on July 11, 2014, LeBaron claimed he needed dental braces. Id. ¶ 20. Responding on July 14, 2014, Caratazzola stated that he had reviewed LeBaron's medical file and discussed the matter with the dental assistant. Id. Plaintiff was advised to submit a sick call request slip to the dental assistant to meet and discuss his concerns. Id. LeBaron appealed this grievance on July 20, 2014; the appeal was received by Albohn on August 4, 2014. Id ¶ 21. Responding two days later, Albohn advised plaintiff that after investigation and discussion with the dental team, his request for braces would not be granted. Id.
LeBaron filed a grievance dated July 22, 2014, which was received by HSA Caratazzola on July 25, 2014, in which plaintiff raised issues about the mental health department. Id. ¶ 22. Caratazzola responded on July 29, 2017, explaining that he had discussed plaintiff's concerns with defendant Norcliffe, the Mental Health Director, and that the doctors and the mental health team at OCCC had determined that LeBaron's mental health case should remain open based on clinical information and risk factors. Id. Plaintiff's August 4, 2014 appeal of this grievance was received by Albohn on August 25, 2014. Id. ¶ 23. Responding two days later, Albohn stated that, in accordance with the mental health team's review, his mental health case would remain open. Id.
In a grievance dated July 23, 2014, that was received by HSA Caratazzola on July 30, 2014, LeBaron took issue with certain urology appointments and requested specific medical treatment. Id. ¶ 24. Caratazzola responded on July 31, 2014, noting that plaintiff had been examined by the doctor two days previously and that the doctor had submitted a dermatology referral which waswaiting for approval. Id. LeBaron appealed the grievance on August 14, 2014; the appeal was received by the grievance appeals coordinator on August 25, 2014. Id. ¶ 25. Albohn responded on August 27, 2014, stating that the request for a dermatological consult was still pending and that plaintiff's request for a biopsy could not be granted at that time. Id. Albohn also enclosed a copy of the MPCH grievance and appeal form, which included the new address to which appeals were to be sent. Id.
On August 19, 2014, plaintiff filed a grievance regarding a cavity. Id. ¶ 26. HSA Caratazzola received the grievance on August 21, 2014, and responded the same day, stating that LeBaron had not reported this issue to any medical personnel and suggested that he submit a sick call request slip. Id.5 Plaintiff appealed the grievance on August 14, 2014, which appeal was received by Albohn on August 28, 2014. Id. ¶ 27. Albohn responded on September 3, 2014, stating that she had learned plaintiff had been transferred to another facility and informed him that he must submit a sick call request slip to be seen by a dentist at that institution. Id.
During the remainder of 2014, LeBaron filed five grievances and five appeals; Albohn responded to each appeal that was filed. Id. ¶ 28.
On February 15, 2014, LeBaron alerted MPCH staff at MCI-Shirley that he was urinating blood. Id. ¶ 29. He gave a urine sample that was witnessed by DOC staff, and the nurse performed a urinalysis on it. Id. The testing showed that the urine, which was clear yellow, had no indication of blood or any other irregularities. Id. Later that same day, plaintiff brought a urine cup of purple-colored liquid to the Health Services Unit (HSU) from population. Id. ¶ 30. The registered nurse on duty examined this unwitnessed sample and observed that the liquid had no characteristics ofurine; the liquid was opaque, completely purple and had no odor. Id. When a urinalysis was performed, no blood was found. Id. LeBaron was informed that a urine sample must be collected at, and tested in, the HSU. Id.
Four days later on February 19, 2014, LeBaron was seen by the medical staff after complaining that his "urine was pure blood for about a minute and about 20 inches of one-inch-thick blood clots at the end." Id. ¶ 31, Exh. B ¶ 6, Exh. 1 at 003. LeBaron spewed profanities and stormed out of the HSU; staff noted he had an "odd affect." Id. That same day, in light of his behavior regarding his urine issues, plaintiff met with Roselle Mann, LICSW, for a one-on-one mental health session. Id. ¶ 32. LeBaron told Mann that he "was pissing blood" and that the HSU staff "tested it and said it was nothing." Id., Exh. B ¶ 7, Exh. 1 at 004. Plaintiff thought the medical staff was lying to him, stating that he was "almost bleeding to death." Id. When Mann empathized, LeBaron started crying. Id. Mann was unable to dissuade plaintiff with logic, at which point she noted that he "clearly [had] a persistent fixed delusion and somatoform disorder, probably." Id., Exh. B ¶ 7, Exh. 1 at 005. Mann observed that LeBaron "appeared his baseline self . . . but fixed in his belief that he has a sickness and medical doesn't care (see all notes/sick slips, past medical work-ups that reveal no issues)." Id. Plaintiff agreed to meet with Mann on a monthly basis; Mann opened a mental health case on LeBaron. Id.
Plaintiff had a urinalysis done on March 4, 2014, that tested positive for blood. Id. ¶ 33. The following day plaintiff met with Dr. Hugh Silk, complaining that he had blood and blood clots in his urine, there was a delay in getting a urine sample and there was a conspiracy against him. Id. Dr. Silk noted that while the urinalysis was positive for blood, it was negative for anything else. Id. He determined that plaintiff's blood and urine should be retested with a follow-up in two weeks. Id.
On March 10, 2014, Elizabeth Louder, LICSW, completed a Mental Health Status Update on plaintiff to evaluate his suitability to go into segregation due to his involvement in a physical altercation. Id. ¶ 35. While LeBaron...
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