Pate v. Peel

• Decision Date: 31 March 2003
• Docket Number: No. 501CV70MCR.,501CV70MCR.
• Parties: Walter Lamar PATE, Plaintiff, v. Michael PEEL, Defendant.
• Court: U.S. District Court — Northern District of Florida

256 F.Supp.2d 1326

Walter Lamar PATE, Plaintiff, v. Michael PEEL, Defendant.

No. 501CV70MCR.

United States District Court, N.D. Florida, Panama City Division.

March 31, 2003.

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Walter Lamar Pate, pro se.

Caryl Sue Kilsinski, Robert Charles Brannan, Tallahassee, FL, for Defendant.

ORDER

RODGERS, United States Magistrate Judge.

Plaintiff filed this case pursuant to 42 U.S.C. § 1983. He proceeds pro se and in forma pauperis under the terms of the Prison Litigation Reform Act. The matter is before this court upon consent of the parties and referral by the district court pursuant to 28 U.S.C. § 636(c). (Doc. 46). Pending are Defendant's special report (doc. 24), which the court directed Defendant to file in response to Plaintiff's amended complaint (doc. 8), and Plaintiff's reply to the special report (doc. 27).¹ The court previously advised the parties that Defendant's special report would be treated as a motion for summary judgment under FED.R.CIV.P. 56 and informed them of the importance and ramifications of Rule 56 summary judgment consideration. (Doc. 29).

Background

Plaintiff, a state inmate at the time he initiated this case,² was housed at Apalachee Correctional Institution ("ACI") when the events giving rise to his amended complaint occurred. Plaintiff names as the sole defendant in this action Michael Peel, a nurse practitioner at ACI.

Plaintiff sets forth in his amended complaint the following allegations.³ In 1985 he was diagnosed as being HIV [human immunodeficiency virus] positive and is "currently on a salvaged regimine [sic] of combination therapy, including 15 pills per day to battle this virus ...." (Doc. 8 at 7). Since 1998 Plaintiff's medical records have reflected that he also suffers from "bashful bladder syndrome" ("BBS"), a condition which prevents him from urinating in public or giving urine samples for drug screens. (Id.). Additionally, at the time Plaintiff contracted HIV he became infected with Hepatitis C, "a liver condition [ ] more critical than any other medical condition he suffers from." (Id.). Plaintiff began treatment at the Chronic Illness Clinic ("CIC") of the Department of Corrections ("DOC") in 1999 for his HIV and Hepatitis C conditions. (Id.).

Defendant was "privy" to Plaintiffs medical history but "purposely disregarded" it when he refused on January 8, 2001,⁴ to issue Plaintiff a medical pass regarding his BBS, "as required by F.D.O.C. policy."⁵ (Doc. 8 at 8). Plaintiff submitted a grievance with respect to this matter on January 9 which was denied and returned to him on January 19.⁶ (Id.). On January 22, when Plaintiff presented to the CIC for treatment, Defendant asked him whether he had any concerns regarding the quality of his medical care in light of the grievance and whether he planned to continue to pursue his grievance. (Id.). When "Plaintiff responded [in] the affirmative the defendant became short in response and conveyed a serious attitude." (Id.). Defendant also informed Plaintiff "that his liver profile was elevated to the bad and that [there was] a significant decline in CD[4] blood cells (100) to the bad," which would be monitored closely. (Id.).

On January 25 the classification committee changed Plaintiff's job assignment to the field force squad, a position which involved very physically demanding work.⁷ (Id.). Plaintiff informed the classification supervisor that he had a current, valid pass which restricted him from standing more than fifteen minutes at a time, and he explained that he therefore should not be assigned to such arduous work. (Id.). The supervisor advised Plaintiff that Defendant had canceled his pass and had cleared him for the field force squad; according to Plaintiff, Defendant must have taken these actions "between 22 Jan.—24 Jan. 2001." (Id.).

Plaintiff completed the first and second days of his field force squad assignment on January 30 and 31. The work required him to dig and remove tree stumps weighing over five hundred pounds. (Id.). The following two days, February 1 and 2, Plaintiff was required to handle approximately 16,800 pounds of potatoes, which included rebagging the potatoes into one hundred-seventy sacks each weighing one hundred pounds, then throwing the sacks onto a truck. (Id.). The evening of February 2 Plaintiff had severe abdominal pain and swelling in the region of his liver. He declared a medical emergency and was admitted to the ACI infirmary. (Doc. 9). Plaintiff was released from the infirmary the following morning but returned on February 4 complaining of "incredible pain." (Id.). Plaintiff was then transported to Jackson Memorial Hospital for tests, following which he was taken back to the ACI infirmary. On February 5 Dr. Huynh advised Plaintiff that he was suffering from liver failure and discharged Plaintiff to the dormitory with instructions to rest. (Id.). On February 6, when Plaintiff continued to experience pain, Dr. Huynh referred him to Chattahoochee State Hospital for additional tests. Upon his return that day Plaintiff was placed in the ACI infirmary until his release to the general population on February 12. At the time of his discharge from the infirmary tests showed that Plaintiff's liver enzymes were "seriously elevated." He was issued medical passes which prescribed no prolonged standing and no lifting or pulling over twenty pounds. (Id.).

Plaintiff asserts two claims: (1) that Defendant retaliated against him for grieving his denial of a medical pass for BBS by removing Plaintiff's existing medical pass and clearing him for assignment to field work; and (2) that Defendant's actions constituted deliberate indifference to his known serious medical conditions. For the alleged violations of his rights under the First and Eighth Amendments⁸ Plaintiff seeks compensatory and punitive damages and a written apology from Defendant.

In his special report Defendant argues that Plaintiff has failed to raise even a colorable suspicion of retaliation under the First Amendment.⁹ (Doc. 24 at 16). First, according to Defendant, the evidence demonstrates that his January 22 decision approving Plaintiff for field force duty¹⁰ was medically appropriate and proper based on Plaintiff's then-current condition. Moreover, Dr. Huynh, who reviewed and denied Plaintiff's February 8 grievance regarding his job reassignment, concurred with Defendant's medical judgment, as did the ACI Senior Health Services Administrator ("SHSA"). (Id. at 16, 23, citing Exh. C).¹¹ Second, as noted by the SHSA in Plaintiffs medical record, Plaintiff's grievance regarding the denial of the BBS pass was "invalid," indeed was frivolous. The grievance therefore had absolutely no effect on Defendant's decision. (Id. at 16-17). Defendant's denial of the pass was mandatory, not discretionary, according to DOC directives which did not permit the issuance of a medical pass for BBS. Instead, as required, Defendant noted in the medical record Plaintiffs asserted inability to void in public.¹² Third, Plaintiffs medical records show that the CIC appointment at which Defendant allegedly was "short" with Plaintiff in discussing his grievance did not occur on January 22 as Plaintiff alleges. Rather, this appointment took place on January 23, which was after Defendant had already tentatively approved Plaintiff for work on the field force squad on January 22. (Id. at 18). Defendant maintains that Plaintiff has failed to raise factual allegations sufficient to demonstrate any intent to retaliate and thus that this claim should be dismissed. (Id. at 19).

Defendant argues that Plaintiffs Eighth Amendment claim also fails. Defendant contends that the evidence does not show that he disregarded a serious risk of harm to Plaintiff and that at most it simply demonstrates a difference in medical opinion. (Id. at 22). His decision to approve Plaintiff for work was based on his professional opinion that Plaintiffs medical condition permitted it: Plaintiff had a very muscular physique due to weight lifting; his conditions did not automatically preclude performing physical labor; and his medical records indicated that his conditions were stable at that time. (Id.). Moreover, Defendant specified on the record that his approval was "tentative" and would be re-evaluated as necessary. Additionally, Dr. Huynh and the SHSA agreed with Defendant's work assignment decision. (Id. at 23). Dr. Huynh also opined in an April 3 entry in Plaintiff's medical records that there was no connection between Plaintiffs placement on the field force squad and any aggravation of his HIV or Hepatitis C conditions. (Id. at 25, citing Exh. W). Defendant also maintains that, contrary to Plaintiff's assertion, he did not assign Plaintiff to the field force squad; instead, although he approved placement for such an assignment, the final determination actually was made by the classification committee. Defendant maintains that the evidence shows that he was not deliberately indifferent to Plaintiffs serious medical condition and thus that his conduct was not violative of the Eighth Amendment.

Defendant also asserts his entitlement to Eleventh Amendment immunity and qualified immunity with regard to both of Plaintiffs claims, and he contends that Plaintiff is not entitled either to compensatory or punitive damages. (Id. at 28).

Plaintiff filed a reply to Defendant's special report, which includes a "declaration," a supplemental brief, and his own affidavit. (Doc. 27 at 1-3, 4-19, and 19-22, respectively, as numbered by the court). Plaintiff has also submitted additional medical records, including laboratory results from October 2000, from January-April 2001, and from as recently as October 2001. (Id. at 42-60). Attached to the reply are certain other records as well, such as an ACI change of classification notice dated July 8, 1999, assigning Plaintiff to work as a welder and one dated February 20 reassi...