Majors v. Gerlach, Case No. 16-cv-13672
| Decision Date | 18 March 2019 |
| Docket Number | Case No. 16-cv-13672 |
| Parties | ESTATE OF RICHIE MAJORS, et al., Plaintiffs, v. ROGER A. GERLACH, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
This case concerns the medical treatment of Richie Majors, a.k.a. James Fullove, while Majors was in the custody of the Michigan Department of Corrections ("MDOC"). Defendants Thomas LaNore and Savithri Kakani (together, the "Corizon Defendants") and Defendants John Solomonson, Karen Rich, Joel Evertsen, and Dorinda Blohm (collectively, the "MDOC Defendants") have filed for summary judgment on Eighth Amendment and wrongful death claims brought by Majors' sister and the representative of his estate, Plaintiff Re'Shane Lonzo (Dkts. 113, 145). Both motions have been fully briefed. Because oral argument will not aid the decisional process, the motions will be decided based on the parties' briefing. See E.D. Mich. LR 7.1(f)(2); Fed. R. Civ. P. 78(b). For the reasons that follow, the Court grants both motions.
Majors was diagnosed with multiple sclerosis ("MS") while an inmate at the Minnesota Department of Corrections in 2005. Corizon Defs. Statement of Material Facts ("SMF") ¶ 2 (Dkt. 113). Majors was released from Minnesota DOC custody in February 2008, id. ¶ 5, and entered MDOC custody in March 2010, id. ¶ 7. He passed away on June 19, 2016. Id. ¶ 44.
Majors' medical records from the Minnesota Department of Corrections contain many references to his MS diagnosis. On June 6, 2005, Majors' doctor wrote that Majors was "most likely" in remission, and that he did not believe that Majors needed to be on any medications at that time. See Minnesota Medical Records, Ex. A to Corizon Defs. Mot., at PageID.1448 (Dkt. 117). By August 1, 2005, however, his doctor observed that his multiple sclerosis was acting up. Id. at PageID.1447. The following April, his doctor noted that Majors "had been good for the last few months," but recently had had pain and fell twice. Id. at PageID.1440. Shortly before his release from Minnesota DOC custody in February 2008, Majors was taking Rebif twice a week. Id. at PageID.1433.
The parties dispute whether Majors treated his MS after he was released from Minnesota Department of Corrections custody in 2008, but before he was placed in MDOC custody in 2010. The record is admittedly unclear on this point. See MDOC Medical Records, Ex. C to Corizon Defs. Mot., at 29 (Dkt. 119) (August 12, 2014 note that "He did not treat his MS after his release in Minnesota"); Add'l MDOC Records, Ex. F to Pl. Resp. to Corizon Defs. Mot., at PageID.2101 (Dkt. 141-6) (); PageID.2100 (); but see MDOC Medical Records at 89 ().
Majors arrived at the MDOC Charles Egeler Reception and Guidance Center on March 31, 2010. SMF ¶ 7. Intake forms from this time period note Majors' MS diagnosis. See Wayne County Jail Medical Records, Ex. E to Pl. Resp. to Corizon Defs. Mot. (Dkt. 141-5) (form states that he has multiple sclerosis and was taking Interferon, but had not had medication for three months); Add'l MDOC Records at PageID.2105 (Dkt. 141-6) (). A report from April 16, 2010 indicates that Majors had written two kites to medical since his arrival; however, the document indicates that this was due to having smaller shoes and having an injury to his left Achilles tendon. Id. at PageID.2102. Majors also said at that time that he needed a cane to assist with walking, due to unsteadiness from his MS diagnosis. Id.
Majors' MDOC incarceration from 2010 until late 2012 is not relevant for the purposes of the instant motions.1 Majors arrived at Gus Harrison Correctional Facility, where Defendants Kakani and Solomonson worked, on November 29, 2012. SMF ¶ 8; Solomonson Aff., Ex. B to MDOC Defs. Mot., ¶ 2 (Dkt. 145-3). Kakani was employed as a physician's assistant ("PA"); Solomonson worked as a registered nurse.
A January 11, 2013 case management form notes that Majors "states that he is not receiving services from HC [healthcare] about his MS. He is managing the best he can." 2d Add'l MDOC Records, Ex. G to Pl. Resp. to Corizon Defs. Mot., at PageID.2192 (Dkt. 141-7). The author of this note is unclear from the record. A February 26, 2013 note says that Majors Id. at PageID.2190. However, a case management form from March 15, 2013 states that although Majors said that he was "not receiving services from HC about his MS, he has not initiated any services." Id. at PageID.2189. The form further states that Majors Id.
Majors first saw PA Kakani for a chronic care visit on May 21, 2013. MDOC Medical Records at 10. She noted that Majors was diagnosed with MS in 2005, but that he "said he feels good no issues," was "not on any meds at this time" and "looks like in remission[.]" Id. at 10-11. Kakani wrote as follow-up that she would "review mri reports and consult notes from minnasota [sic]." Id. at 11. There is no indication in the record that Kakani did so. After this visit, there does not appear to have been any interaction between Kakani and Majors for about a year.2
In April and May of 2014, Majors began sending kites complaining of his MS. MDOC Medical Records at 12-14, 16. Majors sent a kite on April 21, 2014 saying that he has MS, that he was starting to have problems walking, and that he had no medication to stop a relapse. Id. at 12. The kite was received by Solomonson, who commented, "Thank you for this information." Id. Majors sent another kite on April 24, 2014, which also complained of his MS and stated that he wanted medication. Id. at 13. This kite was also received by Solomonson; the comment was that Major's request for medication would be passed along to the MP. Id. On May 4, 2014, Majors sent a kite saying that he wanted Interferon beta 1a for his MS. Id. at 14. Solomonson's response was that Majors' request had been sent to the MP twice, and Id.
On May 21, 2014, Kakani reviewed Majors' chart, noted that he was requesting medication, and ordered a follow-up appointment for him on May 29, 2014. Id. at 15. On May 22, 2014, Solomonson processed another kite from Majors, where Majors asked when his appointment with the MP would take place. Id. at 16. Solomonson commented that Majors hadan appointment set up for the end of next week. Id. This was the last contact Solomonson had with Majors.
Majors saw Kakani for a chronic care visit on May 30, 2014. Id. at 17. Majors told Kakani that he was diagnosed with MS and was "on the injections" in the past, but was not on any medication at this time. Id. Kakani wrote that "he said he just want[s] us to know about it[.]" Id. Majors denied any gastrointestinal, genitourinary, cardiac, pulmonary, or neurology symptoms. Id. Kakani ordered an optometry visit and another chronic care visit. Id. at 18; Kakani Aff., Ex. D to Corizon Defs. Mot., ¶ 8 (Dkt. 113-4). She also noted that there were no medical records available to review Majors' diagnosis. MDOC Medical Records at 18.
On June 11, 2014, Kakani reviewed Majors' chart, and noted that she consulted with a physician regarding Majors not taking any medications. Id. at 20; Kakani Aff. ¶ 9. This was Kakani's last involvement with Majors. Kakani Aff. ¶ 10.
Majors was transferred to West Shoreline Correctional Facility on July 15, 2014. MDOC Medical Records at 21. LaNore worked as a PA at this facility; Evertsen, Rich, and Blohm all worked as registered nurses. Majors' Intrasystem Transfer Summary, dated July 9, 2014, contains several references to multiple sclerosis: an 8/18/2011 entry says, "MSP Sick Call: Worsening MS. Would like Rx injections back for MS," a 2/17/2012 note reads, "Chart Review/Update: May be having symptoms of MS. See note 2/17/12," and an 11/18/2012 entry reads, "Nurse Sick Call: RNR: MS s/s worsening." 2d Add'l MDOC Records at PageID.2123-2124.
Majors began to complain of his MS symptoms upon his arrival to West Shoreline Correctional Facility. He sent a kite on July 23, 2014, complaining that he had not received any treatment, medicine, or attention to slow the process of his MS since being in MDOC custody. Rich responded that she would "followup with chart review and appointment." Id. at PageID.2122.On August 8, 2014, Majors kited saying that he would like a follow-up meeting about his MS. MDOC Medical Records at 23. Evertsen processed the kite and said that Majors would be scheduled with nursing. Id.
Majors then sent another kite on August 9, 2014, saying that this was his third request for medical assistance with the "severe pain" he was experiencing. Id. at 24. "Someone's immedicate [sic] attention and or compassion to my request and health will be greatly appreciated." Id. Blohm processed the kite and commented that Majors was scheduled with nursing. Id.
On August 10, 2014, Blohm completed a nurse protocol for Majors. Id. at 25. She wrote that Majors...
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