Sosebee v. Murphy, s. 85-1513
| Citation | 797 F.2d 179 |
| Decision Date | 05 August 1986 |
| Docket Number | Nos. 85-1513,s. 85-1513 |
| Parties | Betty Joan Land SOSEBEE, Administratrix of the Estate of Gary McArthur Land, deceased, Appellant, v. Rosemary MURPHY, Laura Brown, Lloyd Patterson, Henry McDaniel, David Butterfield, Jim Coffey, Joe Hilton, Leroy Brown, Erskine Clower, Annie Ruth Addy, Nathaniel Thompson, Lavister Brown, Lawrence Cantey, Kenneth Washington, Kenneth Jones, Ronald Miller, William Lovett, Ismael Rodriguez, Carroll W. Bledsoe, Sr., Arneal Williams, Appellees, and Green B. Neal, M.D., Pat Satterfield, and Ernest E. Areheart, William Lynch, Roger Sturrup, and Robert Mays, Defendants. Betty Joan Land SOSEBEE, Administratrix of the Estate of Gary McArthur Land, deceased, Appellant, v. Rosemary MURPHY, Laura Brown, Lloyd Patterson, Henry McDaniel, David Butterfield, Jim Coffey, Joe Hilton, Leroy Brown, Erskine Clower, Annie Ruth Addy, Nathaniel Thompson, Lavister Brown, Lawrence Cantey, Kenneth Washington, Kenneth Jones, Ronald Miller, William Lovett, Ismael Rodriguez, Carroll W. Bledsoe, Sr., Arneal Williams, Appellees, and Green B. Neal, M.D., Pat Satterfield, and Ernest E. Areheart, William Lynch, Roger Sturrup, and Robert Mays, Defendants. (L), 85-1514. |
| Court | U.S. Court of Appeals — Fourth Circuit |
M. Wallace Smith (Younts, Smith & Alford, Greenville, S.C., on brief) for appellant.
Charles E. Carpenter, Jr. (George C. Beighley, Richardson, Plowden, Grier & Howser, William H. Davidson, II, Nauful & Ellis, Columbia, S.C., on brief) for appellees.
Before PHILLIPS and ERVIN, Circuit Judges, and HILTON, United States District Judge for the Eastern District of Virginia, sitting by designation.
Betty Joan Land Sosebee, Administratrix of the Estate of Gary McArthur Land (decedent), brought an action under 42 U.S.C. Secs. 1982, 1983 and for medical malpractice as a result of the death of decedent while he was incarcerated at the Maximum Security Center (M.S.C.) in Columbia, South Carolina. The district court granted summary judgment on behalf of all defendants on the grounds that there was no genuine issue of fact as to the violation of sections 1982 or 1983 and that there was, therefore, no basis to exert pendent jurisdiction over a state court malpractice claim. We affirm in part, reverse in part, and remand. The evidence presented raises material issues of fact as to the deliberate indifference by the guards on duty during the last hours of Land's life.
I.
On Wednesday, May 6, 1981, decedent ate an evening meal consisting of steak. Thereafter he complained of pain in the neck and chest area. The next morning, Thursday, May 7, at 8:20 a.m., decedent was examined by Dr. Green B. Neal, a prison doctor. Dr. Neal diagnosed probable gastritis, and prescribed treatment with Maalox, Donnatal and a G.I. Cocktail.
Decedent was then returned to his cell where he was to receive the medications prescribed by Dr. Neal. The M.S.C. Sick Call Notes contain the following additional medical evidence. Two days later on Saturday, May 9, at approximately 4:00 p.m., a medical technician, defendant Joe Hilton, received a call from the cell block informing him that decedent continued to complain of chest pains and that he had received only part of his medications for that day. Hilton then called Dr. Neal and reported decedent's complaints. Dr. Neal continued to rely upon his original diagnosis and directed that additional medications be provided. Hilton then sent an additional G.I. Cocktail.
Later that same day, at 7:15 p.m., additional Donnatal tablets were dispatched by defendant Erskine Clower, a licensed nurse, in response to Land's continuing complaints of chest pain. The following day, Sunday, May 10, at 8:30 a.m., decedent was transported from his cell to the infirmary with the same complaints of chest pain. He was examined by defendant Lloyd Patterson, a medical technician, given Visteril and a G.I. Cocktail, and scheduled to be checked by another medical technician, defendant Jim Coffey, on Tuesday, May 12. The next and final entry on the Sick Call Notes was a notation that Land was found dead in his cell on Monday, May 11, at 7:20 a.m. A pathological report prepared by Dr. Todd A. Kolb indicates that the cause of death was a steak bone piercing the esophagus with infection in the neck structures.
Other evidence in the record includes five affidavits from prisoners who were in cells near to Land during the time of Land's sickness. These affidavits state that when Land became increasingly ill and wanted medical attention on Sunday, the other inmates communicated that among themselves, through the ventilation system, and created a commotion to attract the attention of the correctional officers. The guards responded to the effect that decedent had been seen by a doctor and that nothing more would be done for him until Monday morning, and threatened the inmates with solitary confinement if the commotion did not cease.
Other evidence also showed that Land was deathly ill on Sunday. Dr. Neal, in a deposition, stated that for at least ten hours preceding death Land would have been very pale, sweating profusely, feverish, suffering from severe chest pain, and unable to swallow.
Plaintiff argues on appeal that the medical personnel 1 and correctional officers acted with deliberate indifference toward Land's medical condition, thereby giving rise to a section 1983 claim. Specifically, plaintiff contends that had a doctor examined decedent subsequent to the morning of Thursday, May 7, 1981, at which time the examination by Dr. Neal took place, certain observable symptoms would have necessarily alerted a doctor to decedent's life threatening condition. Plaintiff contends further that the defendant correctional officers prevented decedent from receiving timely medical attention.
The United States Supreme Court has concluded that deliberate indifference to a prisoner's serious illness or injury states a cause of action under section 1983. Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). The Court, however, carefully distinguished between a claim for "deliberate indifference" and a claim for medical malpractice. In making this distinction the Court stated: Id. 429 U.S. at 106, 97 S.Ct. at 292 (citing, inter alia, Russell v. Sheffer, 528 F.2d 318 (4th Cir.1975)).
A review of the record 2 demonstrates that decedent received substantial medical treatment and that the basis of the claim against the medical personnel defendants is a contention of negligence under tort law principles rather than a contention of deliberate indifference under constitutional law principles. Decedent's first complaint was made the evening of Wednesday, May 6, 1981. The next morning he was given a detailed physical examination, treatment and a prescription for medication. The prescribed medication was given to the decedent. Two days later, on Saturday at 4:00 p.m., he next complained of chest pains. The prison health care staff promptly contacted Dr. Neal, who prescribed additional medication which was administered. Decedent was rechecked later that same evening by the medical staff and given additional medication based on Dr. Neal's previous diagnosis and prescription. On Sunday morning, at 8:30 a.m., he was again brought from his cell and seen by a medical technician. He was scheduled to be re-examined on Tuesday, May 12.
These same facts also show that the correctional officers on duty from May 6, 1981, to the morning of May 10 did not act with deliberate indifference toward Land's medical needs. There is no evidence indicating that within that period Land's requests for medical assistance were ignored. Indeed, the M.S.C. Sick Call Notes indisputably establish that he received prompt attention. Accordingly, the district court was correct in granting summary judgment on behalf of those correctional officers and medical personnel on duty between May 6 and 8:30 a.m. on May 10.
After the 8:30 a.m., May 10, visit to the infirmary, the record establishes that Land's condition substantially worsened. The undisputed evidence shows that Land was seriously ill for several hours prior to his death. Dr. Neal's uncontradicted statements in his deposition support this conclusion. Land's symptoms would have made it obvious that he required immediate medical attention during this time period. 3
The apparent seriousness of Land's condition during his last hours of life raises issues of material fact. If the prison guards on duty at that time were aware of Land's physical status but refrained from obtaining medical assistance, an inference of deliberate indifference would arise. Indeed, this circuit held in Loe v. Armistead, 582 F.2d 1291 (4th Cir.1978), cert. denied, 446 U.S. 928, 100...
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