Alexander v. Robinson

463 F. Supp. 1232, 1979 U.S. Dist. LEXIS 14942
CourtDistrict Court, E.D. Pennsylvania
DecidedJanuary 22, 1979
DocketCiv. A. No. 77-1703
StatusPublished
Cited by2 cases

This text of 463 F. Supp. 1232 (Alexander v. Robinson) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Robinson, 463 F. Supp. 1232, 1979 U.S. Dist. LEXIS 14942 (E.D. Pa. 1979).

Opinion

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the Court are: (1) the motion of defendant Francis Collins (“Collins”) for summary judgment, pursuant to Fed.R.Civ.P. 56; (2) the motions of defendants William B. Robinson (“Robinson”), Julius T. Cuyler (“Cuyler”) and Edmund Gaffney (“Gaffney”) for summary judgment, pursuant to Fed.R.Civ.P. 56; and, (3) the motion of the plaintiff George Alexander, Jr. (“Alexander”), for summary judgment, pursuant to Fed.R.Civ.P. 56. For the reasons stated below, the motions of all defendants have been granted and Alexander’s motion has been denied.

[1233]*1233Alexander filed a pro se complaint in this Court1 alleging jurisdiction under 28 U.S.C. § 1343 and alleging causes of action under 42 U.S.C. §§ 1983 through 1985 for the infliction of cruel and unusual punishment because of faulty and incomplete medical treatment, in violation of the Eighth Amendment, as applied to the states through the Fourteenth Amendment. Alexander seeks monetary, injunctive and declaratory relief and names as defendants Robinson, the Commissioner of the Bureau of Correction; Cuyler, the Superintendent of the State Correctional Institution at Graterford; and, Gaffney and Collins, physicians employed on a part-time basis at Graterford.

The Court is presented with cross-motions for summary judgment by Alexander and all defendants, each of whom argues that there is no material issue of fact and that each is entitled to a judgment in his favor as a matter of law. While the Court notes that the mere fact that it is presented with cross-motions for summary judgment does not, by itself, indicate that the controversy is ripe for adjudication, Rains v. Cascade Industries, Inc., 402 F.2d 241 (3d Cir. 1968); however, in the case at bar, there is substantial agreement as to the facts and, when the facts are viewed in the light most favorable to Alexander, the Court finds that the defendants are entitled to a judgment in their favor as a matter of law.

In his motion, Alexander states that he relies on: (1) the transcript of his deposition taken on October 10, 1978 [Document # 20]; (2) photocopies of certain medical reports attached to the motion of Collins, which consist of a Bureau of Prisons Medical Report, two dispensary cards and a consultation record; and, (3) a photocopy of an inmate request form from Alexander to Cuyler requesting access to the legal aid clinic at Graterford. Collins states that he relies upon the same deposition of Alexander, as well as upon the same medical records enumerated above. Cuyler, Robinson and Gaffney incorporate by reference the same sources relied upon by Collins and Alexander. Based upon these sources of fact, the Court makes the following narrative description of the facts of the case, see Fed.R.Civ.P. 56(c).

Alexander was incarcerated at Grater-ford on January 2,1977, upon conviction on charges of robbery, for which he was sentenced to a term of two to five years. [Alexander Deposition, p. 5.] He was placed in the Behavioral Modification Unit (“B.M.U.”) at Graterford on his own request for protective segregation about a month and a half after his arrival. Id., p. 13. On March 13, while leaving the shower at the B.M.U., Alexander slipped and fell on a drain pipe, injuring his back. Id., pp. 14, 22, 25. He remained on the floor for about twenty minutes, experiencing pain, dizziness and some loss of consciousness. Id., p. 15. Within an hour of his fall, Alexander was driven to the prison hospital by two guards. Id., pp. 27-28. Upon arrival at the prison hospital, he was taken to the X-ray room where two complete sets of X-rays were taken of his back and right leg. Id., pp. 28-30. Shortly thereafter, he was examined by a physician he thought was named “Gaffney.” Id., pp. 30, 34, 87. The doctor prescribed medication which Alexander believed was called “Robaxin,” examined his vital functions, viewed the X-rays and examined Alexander’s back and right leg. Id., pp. 32-34. Upon completion of the examination, the doctor told Alexander that he had no broken bones, no slipped discs and no tom ligaments. Id. A dispensary card dated March 23, 1977, shows that a muscle relaxant and a pain medication were prescribed at that time.

Alexander stated that this physician also indicated that he should consult a “back specialist,” by whom he was subsequently examined. Id., pp. 57, 88.

The Consultation Record of the Bureau of Correction indicates that on March 25,1977, Dr. F. S. Winter, a certified radiologist, examined the X-rays taken on March 23 [1234]*1234and found no evidence of joint or bone injury and the alignment of the spine was normal. Several days after the fall, Alexander was again seen by a doctor in the B.M.U. Id., pp. 36-37. At this time, Alexander stated that he was taking pain medication four times daily, and he requested that this medication be changed. This request was denied by the physician. Id., pp. 38-39.

One week after the fall, Alexander was seen by a physician and, once again, he requested a change in medication. This request was also denied. Id., pp. 39-40. He continued to take the prescribed medication. Id. A day or two later, Alexander was seen by another doctor in the B.M.U. (Id., pp. 40-41) and the medication was changed to what Alexander believes was “Tylenol,” which he received twice a day for about seven days. Id. About nine days after the fall, Alexander was seen once again by a physician (Id., p. 45) and this doctor refused to change his medication. Id. Several days later, Alexander was again seen by a doctor. Id.

About three weeks after the fall, Alexander’s condition improved and he began to exercise, doing sit-ups, jumping-jacks and running. Id., pp. 40, 47. After suffering a relapse, Alexander was instructed by a physician to cease exercising (Id., pp. 49-50) and his medication was changed. After about eight days, he began to feel better. Id.

The only factual dispute in this case arises over the examination by the “back specialist.” Alexander described being examined by roughly four different physicians over the course of the treatment, one of whom he described as a “back specialist.” Alexander contends that this specialist prescribed whirlpool baths, rubdowns and heat-lamp treatments and that these therapeutic measures were not taken. The defendants claim that the identity of the specialist is Dr. Kenan Umar, a neurologist, and that there is no record of any such treatment being prescribed.

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Bluebook (online)
463 F. Supp. 1232, 1979 U.S. Dist. LEXIS 14942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-robinson-paed-1979.