Roberson v. Bradshaw
| Decision Date | 16 September 1999 |
| Docket Number | No. 98-2389,98-2389 |
| Citation | 198 F.3d 645 |
| Parties | (8th Cir. 1999) FLOYD L. ROBERSON, APPELLANT, v. BILL BRADSHAW; ET AL., APPELLEES. Submitted: |
| Court | U.S. Court of Appeals — Eighth Circuit |
Appeal from the United States District Court for the Eastern District of Missouri.
Before McMILLIAN, Loken, and Murphy, Circuit Judges.
Missouri inmate Floyd L. Roberson filed this 42 U.S.C. § 1983 action alleging that three correctional officers at the Pemiscot County Jail, the Jail's contract doctor, and Pemiscot County were deliberately indifferent to Roberson's serious medical need for a special diet and medication to treat his diabetes mellitus, resulting in Roberson suffering weeks of "excessive urination, excessive thirst, migraine-like headaches, diarrhea, dehydration, sweating and weight loss," as well as "excessive hunger, dizziness, diminished vision, loss of sleep . . . nausea and fits of raving and delirium." The district court granted defendants' motions for summary judgment dismissing all claims, and Roberson appeals. Reviewing the grant of summary judgment de novo, we conclude that Roberson's disputed allegations as to the conduct of defendants Bill Bradshaw and Dr. Alan S. Gubin raise genuine issues of material fact. Accordingly, we reverse as to these defendants.
It is undisputed that Roberson suffers from diabetes; that he was incarcerated at the Pemiscot County Jail beginning March 15, 1996; and that he was examined by Dr. Gubin on April 17 and May 22, 1996. In support of their motions for summary judgment, defendants submitted affidavits by Deputy Sheriff Bradshaw and Dr. Gubin, plus medical records and jail records pertaining to Roberson. Bradshaw averred that Roberson's girlfriend was at all times allowed to bring medication to the Jail. Roberson did not reveal his diabetic condition until March 22, 1996, did not ask to see a doctor until April 15, and was promptly taken to Dr. Gubin on April 17. According to Bradshaw, Dr. Gubin's prescriptions were filled and refilled on April 17 and May 23, Dr. Gubin did not prescribe a special diet, Roberson never complained about his diet at the Jail, and Pemiscot County has a written Inmate Health Care policy which was followed as to Roberson. Dr. Gubin averred that he is in private practice but provides services to Pemiscot County Jail inmates as needed; that he first saw Roberson on April 17 and prescribed Glucophage to treat his elevated blood sugar level plus another medication for his lower back pain; that he saw Roberson on May 22 and again prescribed these two medications; that Roberson evidenced no illness during either visit and did not complain regarding his diabetic condition; and that Roberson did not complain of any adverse reaction to Glucophage during his second visit on May 22.
In response, Roberson submitted a lengthy affidavit which included the following averrals. When he arrived at the Jail on March 15, 1996, Roberson advised his jailors of his diabetic condition and his need for medication and a special diet; Bradshaw responded that he would be given medication or a special diet only upon a doctor's order. Consequently, Roberson arranged an appointment with Dr. Gubin on March 27, but Bradshaw refused to provide transportation to Dr. Gubin's clinic, explaining that Jail staff were too busy and "you'll get there when I decide and not before." Roberson was not taken to Dr. Gubin until April 17; during the delay, he made repeated requests to see a doctor and experienced excessive urination and thirst, migraine-like headaches, diarrhea, sweating, weight loss, and dehydration from his untreated diabetes. After he saw Dr. Gubin, he experienced a severe adverse reaction to Glucophage, suffering dizziness, sweating, nausea, excessive urination, hunger, diminished vision, sleep loss, constant thirst, and fits of raving and delirium. He complained to his jailors but was not taken back to Dr. Gubin until May 22. He then advised Dr. Gubin of his adverse reactions, but Dr. Gubin again prescribed Glucophage, and Roberson continued to suffer the same adverse effects. Roberson also submitted the affidavits of two friends and four fellow inmates supporting many of these assertions.
To prevail on an Eighth Amendment claim of deliberate indifference to serious medical needs, an inmate must prove that he suffered from one or more objectively serious...
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