Bennett v. Government of the Virgin Islands

25 V.I. 164, 1990 U.S. Dist. LEXIS 20857
CourtDistrict Court, Virgin Islands
DecidedApril 24, 1990
DocketCivil Action No. 86/137
StatusPublished
Cited by1 cases

This text of 25 V.I. 164 (Bennett v. Government of the Virgin Islands) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bennett v. Government of the Virgin Islands, 25 V.I. 164, 1990 U.S. Dist. LEXIS 20857 (vid 1990).

Opinion

BROTMAN, District Judge

Presently before the court are plaintiff’s motion and defendants’ cross-motion for summary judgment in this action instituted by a prisoner alleging that defendants failed to provide adequate medical treatment.

[166]*166I. FACTS AND PROCEDURE

On September 10,1985, Pedro Bennett, plaintiff, was stabbed by a fellow inmate at the federal penitentiary in Lewisburg, Pennsylvania. As a result of his injuries he was hospitalized and received supervised medical treatment. Plaintiff’s Petition for Writ of Habeas Corpus, Docket No. 87-86, at paragraph 6. The following month, plaintiff was transferred to the Golden Grove Correctional Facility in the Virgin Islands. Complaint at 5-6.

While on St. Croix, plaintiff requested further medical treatment for the previously received stab wounds. Complaint at 6. On October 15, 1985, Dr. Diaz, the correction facility physician, performed a blood test and urinalysis. Golden Grove’s Medical Records. The following day, after further examination, Golden Grove’s Medical Rec-: ords, Dr. Diaz determined that plaintiff should be taken to St. Croix Community Hospital’s surgical clinic for evaluation. Complaint at 6.

On October 24, 1985, plaintiff was taken to the Community Hospital. However, the surgeon to whom plaintiff was referred refused to treat him without his medical records, Complaint at 6, absent an emergency. Golden Groves Medical Records. That same day Dr. Diaz wrote to Richard Schrader, the warden at Golden Grove, requesting that he obtain the plaintiff’s medical records from the mainland. Golden Grove’s Medical Records. On November 14, 1985, Dr. Diaz noted that the medical records had not yet arrived. Golden Grove Medical Records. The crux of plaintiff’s claim is that defendants never attempted to secure the records. Apparently, there was no documentation in the plaintiff’s records in Lewisburg confirming the document request. Inmate Request to Staff Member form (Lewisburg) dated May 22, 1989.

Plaintiff continued to receive medical care from Dr. Diaz at the prison. Dr. Diaz’ records reflect the fact that the plaintiff received prescriptions for medication from Dr. Diaz on October 29, November 5, and November 14. Golden Grove’s Medical Records. Furthermore, plaintiff was taken back to the Community Hospital on November 25,1985, at which time the surgeon advised plaintiff to continue taking medication. Affidavit of Edwin Figuero, corrections officer responsible for transporting prisoners to health care facilities, dated July 10, 1987, at paragraphs 4 and 8.1

[167]*167The plaintiff was transferred back to the penitentiary in Lewisburg, Pennsylvania on December 11, 1985. Prison Log Sheet.

On or about June 3, 1986, plaintiff filed a complaint against the government of the Virgin Islands, Edwin Potter, the Director of the Bureau of Corrections of the Virgin Islands, and various employees of the Golden Grove Correctional Facility. The complaint named defendants in both their individual and official capacities, and alleged that defendants violated the Virgin Islands Tort Claims Act, V.I. Code Ann. tit. 33, section 3401 et seq., the Health Provider Malpractice Act, V.I. Code Ann. tit. 27, section 166 et seq., and 42 U.S.C. section 1983,2 by failing to attend to plaintiff’s medical needs.

On February 1, 1988, plaintiff moved for summary judgment. In response, defendants filed a cross-motion for summary judgment and, in the alternative, to dismiss the complaint. In an order dated April 19, 1988, the Honorable David V. O’Brien, Chief Judge of the District Court of the Virgin Islands, dismissed plaintiff’s local claims inasmuch as plaintiff failed to comply with the Health Provider Malpractice Act, V.I. Code Ann. tit. 27, section 1661(b), requiring the complaint to be filed with the Virgin Islands Medical Malpractice Action Review Committee before instituting suit. Chief Judge O’Brien denied summary judgment with respect to plaintiff’s constitutional claim under 42 U.S.C. section 1983.3

Plaintiff now renews his motion for summary judgment and the defendants likewise renew their cross-motion for summary judgment.

II. DISCUSSION

It has long been recognized that the eighth amendment’s prohibition against “cruel and unusual” punishment is not limited to torture and physically barbarous punishments. E.g., Weems v. United States, 217 U.S. 349 (1910). Rather, “[t]he Amendment embodies ‘broad and idealistic concepts of dignity, civilized standards, humanity and decency....’ Estelle v. Gamble, 429 U.S. 97, 102 (1976) (quoting, Jackson v. Bishop, 404 F.2d 571, 579 (8th Cir. 1968)). Thus, the government has a duty to attend to the medical needs of prisoners as they have no alternative means of ascertaining care. Estelle at 103.

[168]*168In Estelle v. Gamble, 429 U.S. 97 (1976), the Supreme Court set forth a two-prong test to determine whether a prisoner’s eighth amendment rights have been contravened by the government’s failure to provide adequate medical care. First, the prison officials must be deliberately indifferent to the prisoner’s medical needs. Id. at 104-05. Second, the prisoner’s medical needs must be serious. Id. at 104.

Deliberate indifference is generally manifested in one or more of the following ways: (1) a prison physician’s response to the prisoner’s medical needs; (2) prison officials intentionally refusing or delaying access to care; or (3) prison officials intentionally interfering with prescribed treatment.4 Id. at 104. After careful review of the three general scenarios that give rise to violations of the first prong of the Estelle test and the present uncontroverted facts, this court is unable to conclude that plaintiff’s constitutional rights were violated.

In the instant case, Dr. Diaz first examined plaintiff on October 15, 1985. He took both blood and urine samples. The following day he checked plaintiff’s blood pressure, pulse, heart, lungs, abdomen and scars from the knife wounds. Upon completion of the examination he determined that the prisoner should be examined by a surgeon. Dr. Diaz prescribed various medications, including pain killers, on October 29, November 5, November 14, and November 19,1985. Furthermore, he recommended an eye exam which was subsequently performed. Plaintiff received medical attention on at least seven occasions during his two month stay at Golden Grove. Cf. White, slip op. (motion to dismiss denied where doctor: (1) refused to give prisoner Maalox while taking Tolectin, a drug with substantial risk of peptic ulcer; (2) refused to examine potentially cancerous skin blemishes; (3) refused to hospitalize heart attack victim; and (4) responded to complaints of numbness by lighting fire to a match book and holding it to the prisoner’s hands). Plaintiff is unable to show the first manifestation of deliberate indifference.

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25 V.I. 164, 1990 U.S. Dist. LEXIS 20857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-government-of-the-virgin-islands-vid-1990.