Nelson v. Butte Cnty. Sheriff's Dep't
| Decision Date | 09 March 2012 |
| Docket Number | No. CIV S-09-2776 EFB P,CIV S-09-2776 EFB P |
| Court | U.S. District Court — Eastern District of California |
| Parties | DONALD NELSON, et al., Plaintiffs, v. BUTTE COUNTY SHERIFF'S DEPARTMENT, et al., Defendants. |
Plaintiffs are prisoners proceeding through counsel in an action brought under 42 U.S.C. § 1983. Presently before the court are four motions for summary judgment filed by defendants: (1) motion for summary judgment against all plaintiffs filed by defendants Butte County Sheriff's Department, Flicker, Deal, McNulty, Paley, Hovey, Morehead, Stockwell, Mell, Bentley, Narvais, Demmers, Maffucci, and Jones (collectively referred to as "County Defendants") (Dckt. No. 14); (2) motion for summary judgment against plaintiff Simpson filed by defendant California Forensic Medical Group, Inc. ("CFMG") (Dckt. No. 10); (3) motion for summary judgment against plaintiff Brewer filed by CFMG (Dckt. No. 17); and (4) motion forsummary judgment against plaintiff Nelson filed by CFMG (Dckt. No. 27).1 For the reasons set forth below, the court recommends that: (1) County Defendants' motion for summary judgment be granted in part and denied in part; (2) CFMG's motion for summary judgment against Simpson be granted in part and denied in part; (3) CFMG's motion for summary judgment against Brewer be granted; and (4) CFMG's motion for summary judgment against Nelson be granted.
This action proceeds on the complaint filed by plaintiffs on October 6, 2009. Dckt. No. 1. In the complaint, plaintiffs allege that defendants violated their civil rights and various state laws. Each plaintiff has a distinct factual background on which their claims are predicated. The court will therefore discuss the facts pertaining to each plaintiff separately. Unless otherwise noted, the undersigned finds that the following facts are not disputed by the parties, or following the court's review of the evidence submitted there is insufficient evidence to establish a genuine dispute.2
On February 21, 2008, plaintiff Nelson was transferred from Tehama County Jail to Butte County Jail ("BCJ"). Def. CFMG's Mot. for Summ. J. against Pl. Nelson, Stmt. of Undisputed Facts in Supp. Thereof (Dckt. No. 27-2), UMF No. 1. While at Tehama County Jail, Nelson was prescribed Seroquel to treat his mental condition. Id., UMF No. 3. He arrived at BCJ without any prescription medication. Id., UMF Nos. 1-2. BCJ has contracted with defendant CFMG to provide all medical, psychological, and dental services to inmates housed at BCJ. County Defs.'Stmt. of Undisputed Facts (Dckt. No. 16), UMF No. 73. At BCJ Nelson was initially prescribed Elavil, but Seroquel was not continued. Id., UMF No. 5; Nelson Decl. (Dckt. No. 37) ¶ 2. On February 25, 2008, Nelson filed a grievance complaining that CFMG was not providing him his medication. Dckt. No. 16, UMF No. 25. CFMG responded to his grievance, informing him that he was being provided the medication he needed. Id., UMF No. 26. Nelson was evaluated by Dr. Baker, a physician employed by CFMG, on February 27, 2008. Dckt. No. 27-2, UMF No. 8. It was conveyed to Dr. Baker that Nelson had used illicit drugs in the past and had previously used Seroquel without a prescription. Id., UMF Nos. 9-10. Based on Nelson's previous drug use, Dr. Baker prescribed Thorazine and Elavil. Id., UMF No. 11.
On March 26, 2008, Nelson received a consult by a non-party physician, Dr. Uppal, at the Oroville Hospital. Id., UMF No. 19. Dr. Uppal ordered Nelson to cease taking Elavil and Thorazine and prescribed Zyprexa. Id., UMF No. 21. Dr. Uppal further instructed Nelson to follow up with the jail physician. Id. Upon Nelson's return to BCJ, Dr. Baker ordered Nelson to stop taking all medication pending further review. Id., UMF No. 22. Dr. Baker subsequently evaluated Nelson and concluded that he had anxiety relating to being in jail. Id., UMF No. 23.
On April 23, 2008, Nelson filed a second grievance complaining that one of the medications he was taking, Ibuprofen, was causing him stomach problems. Dckt. No. 16, UMF No. 27. CFMG informed him that he needed to submit a sick slip and he would then be provided an antacid to take with his Ibuprofen. Id., UMF No. 27. Nelson filed another grievance on August 11, 2008, complaining that CFMG was not conducting blood tests as ordered by the emergency room doctor at Oroville Hospital. Id., UMF No. 28. On August 13, 2008, Nelson was transferred to Metropolitan State Hospital. Id., UMF No. 29. Nelson subsequently returned to BCJ, and on April 15, 2009, Dr. Baker prescribed him Bupropion, Gabapentin and Seroquel. Dckt No. 27-2, UMF No. 27.
Plaintiff Simpson was arrested on August 21, 2008. Dckt. No 16, UMF No. 32. Defendant Paley, a Butte County Sheriff's Deputy, observed Simpson driving a black truck with a female passenger. Id. UMF No. 33. Paley, knowing that Simpson was a parolee at large, initiated a vehicle stop. Id., UMF No. 34. After Simpson failed to stop, Paley gave chase. Id., UMF Nos. 34-35. Simpson eventually stopped at a residence where he switched vehicles, but his passenger remained with the black truck. Id., UMF No. 35. Paley stayed with the passenger and other deputies continued to pursue Simpson. Id., UMF Nos. 35-36.
Simpson eventually drove into a field where his vehicle became stuck. Id., UMF No. 37. Deal and other deputies approached Simpson's vehicle and witnessed Simpson attempting to get the vehicle to drive. Id. Deal ordered Simpson out of the vehicle, but he refused. Id., UMF No. 38. Simpson claims he did not hear any request to exit the vehicle. Simpson Decl. (Dckt. No. 46) ¶ 4. Deal broke the driver's side window and struck Simpson multiple times with a baton on the shoulder, neck, and head.3 Id. at ¶ 4. Simpson was subsequently removed from the vehicle and handcuffed. Dckt. No. 16, UMF No. 41.
After his arrest, Simpson was taken to Orville Medical Center. Id., UMF No. 42. An emergency room physician examined Simpson and cleared him for incarceration at BCJ. Def. CFMG's Mot. Summ. J. against Pl. Simpson, Stmt. of Undisputed Facts in Supp. Thereof (Dckt. No. 10-2), UMF No. 2. Simpson contends, however, that a head injury that he sustained during his arrest was never examined. Dckt. No. 46 ¶¶ 6, 7. On October 13, 2008, while incarcerated at BCJ, Simpson complained that his hand hurt. Dckt. No. 10-2, UMF No. 3. He also complained that he had broken teeth and had lost a filling. Id., UMF No. 5. Simpson contends that theseinjuries were the result of his violent arrest. Dckt. No. 46 ¶¶ 6, 8. On October 21, 2008, CFMG prescribed Simpson Ibuprofen for his pain. Dckt. No. 10-2, UMF No. 4. His Ibuprofen prescription was renewed on October 21, 2008 and November 5, 2008. Id., UMF Nos. 6-7.
Simpson was seen by CFMG's dental services on November 5, 2008, and an extraction of a damaged tooth was recommended. Id., UMF No. 8. Simpson did not wish to have the tooth extracted; instead, Simpson wanted CFMG to repair his broken tooth and consequently no extraction was performed. Dckt. No. 46 ¶ 8. Simpson continued to complain of teeth and neck pain, and his Ibuprofen prescription was renewed on December 1, 2008. Dckt. No. 10-2, UMF No. 10. On December 19, 2008, Simpson was transferred from BCJ to High Desert State Prison. Id., UMF No. 11.
On August 29, 2008, plaintiff Brewer was arrested and booked into BCJ. Dckt. No. 16, UMF Nos. 44-45. Prior to his arrival at BCJ, Brewer was treated at the Enloe Medical Center for various injuries, including a fractured heel requiring a cast. Def. CFMG's Mot. Summ. J. against Pl. Brewer, Stmt. of Undisputed Facts in Supp. Thereof (Dckt. No. 17-2), UMF Nos. 2, 5. Brewer was told by doctors that he needed to return to Enloe to have surgery on his leg, and he conveyed this information to CFMG. Brewer Decl. (Dckt. No. 39) ¶ 4.
When Brewer arrived at BCJ, he was provided a wheelchair and placed in a sobering cell. Dckt. No. 16, UMF No. 45. According to Brewer, defendants Morehead and Stockwell took his wheelchair away, "laughing since [he] could not stand on [his] feet."4 Dckt. No. 39 ¶ 2.
On September 3, 2008, CFMG ordered a follow up orthopedic appointment. Dckt. No. 17-2, UMF No. 6. An appointment at Enloe Orthopedic Clinic was scheduled for November 17, 2008. Id., UMF No. 11. Brewer was not informed that an appointment had been scheduled, and he did not attend an appointment at Enloe Orthopedic Center on November 17, 2008. Dckt. No.39 ¶ 7. In December 2008, Brewer was seen by an orthopedist at Enloe. Dckt. No. 17-2, UMF No. 12. X-rays showed that Brewer's fracture had not yet healed and that he required an additional four weeks in his cast. Id. According to Brewer, his treating physician asked him "why it took so long to come back" to Enloe and informed him that surgery that would have enabled him to walk normally could no longer be performed. Dckt. No. 39 ¶ 5. Soon after this evaluation, Brewer was transferred from BCJ to High Desert State Prison. Dckt. No. 16, UMF No. 51.
Plaintiff Canfield was incarcerated at High Desert State Prison. Canfield Decl. (Dckt. No. 44) ¶ 2. After being injured in an accident at the prison, he was transferred to BCJ. Id. In addition to the injuries sustained in the accident, Simpson has a stoma in his stomach with an ileostomy bag. Id. at ¶¶ 8, 13. When Canfield arrived at BCJ he was using crutches, but correctional staff removed his crutches, leaving Canfield relatively immobile. Id. at ¶ 2. On November 2, 2008, Canfield filed a grievance complaining that his crutches had not been returned. Dckt. No. 16, UMF No. 52. Although the grievance form indicates that Canfield's complaint was resolved at the first level of BCJ's grievance process, id, Canfield contends that the matter was never resolved to his satisfaction. Dckt. No. 44 ¶ 3. On December 16, 2008, Canfield filed a second grievance complaining that correctional staff...
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