Blodgett v. Doherty

CourtDistrict Court, D. Montana
DecidedMay 6, 2025
Docket2:23-cv-00093
StatusUnknown

This text of Blodgett v. Doherty (Blodgett v. Doherty) is published on Counsel Stack Legal Research, covering District Court, D. Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blodgett v. Doherty, (D. Mont. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION

JAMES ROBERT BLODGETT, CV 23-93—BU-DWM Plaintiff, VS. ORDER KEVIN DOHERTY, Defendant.

Plaintiff James Robert Blodgett, a pretrial detainee proceeding without counsel, has filed a civil rights complaint under 42 U.S.C. § 1983, alleging that he received inadequate medical care for his heart condition at the Butte-Silver Bow City-County Detention Center in Butte, Montana. Defendant Kevin Doherty, a registered nurse working part-time at the Detention Center, seeks summary judgment on the grounds that Blodgett failed to exhaust his administrative remedies and cannot show that Doherty acted with objective deliberate indifference. (Doc. 49.) Blodgett opposes. (Doc. 53.) Because Blodgett’s constitutional claim fails on the merits, Doherty’s motion for summary judgment is granted. BACKGROUND While the following facts are viewed in the light most favorable to Blodgett,

Tolan v. Cotton, 572 U.S. 650, 657 (2014) (per curiam), Blodgett’s failure to file a statement of disputed facts in response to Doherty’s statement of undisputed facts, (see Doc. 50), “is deemed an admission that no material facts are in dispute.” D. Mont. L.R. 56.1(b), (d). To the extent Blodgett has identified factual disputes in his briefing, (see Doc. 53), those disputes are acknowledged below. I. Medical Care Doherty is a registered nurse employed by Community, Counseling, and Correctional Services, Inc., which provides nursing services to Butte-Silver Bow County Detention Center. (Doc. 50 at § 1.) In connection with his employment, Doherty provides 20 hours of nursing services per week at the Detention Center. 42.) As part of his job duties, Doherty conducts initial assessments of new inmates, which includes checking vital signs, obtaining a health history, obtaining information on medications, and evaluating new inmates for withdrawals, suicidal ideations, and any other medical needs. (/d.) Doherty also reviews medical

request forms that are submitted by inmates. (/d.) If he is unable to address an issue raised in a form, they are then addressed by the family nurse practitioner that contracts with the Detention Center. (/d.) Part of Doherty’s duties are to schedule outside medical appointments. (/d. § 37.) On March 8, 2023, Blodgett was booked in the Detention Center. (/d. ¥ 5.)

As part of his initial medical evaluation on March 13, 2023,' Doherty obtained a medical history from Blodgett, and Blodgett reported that he had an enlarged heart, had been diagnosed with congestive heart failure, and had a pacemaker/ defibrillator. (/d.) Blodgett’s blood pressure was normal. (/d.) Also on March 13, Blodgett submitted two medical request forms. (/d. § 8.) On one form, he stated that he had missed an appointment with his heart doctor and needed to reschedule the appointment to have his heart monitor checked. (/d.) Doherty contacted the Heart Institute and learned the appointment could be rescheduled once Blodgett was released from custody. (/d.) In his second medical request, Blodgett claimed he needed to connect to his remote heart monitor. (/d.) He also claimed that he needed to have the heart monitor plugged in next to his bed. Ud.) On March 16, Doherty followed up with the Heart Institute about Blodgett’s request. (/d. § 9.) The provider advised that the monitor did not need to be next to Blodgett’s bed for his defibrillator to work. (/d.) Instead, the provider indicated that the monitor could be kept in the infirmary and checked there. (/d.) Blodgett’s defibrillator was checked on March 17. Ud. ¥ 10.) On March 29, Blodgett submitted a medical request form stating he needed 15 minutes with his heart monitor because his defibrillator had gone off in his sleep. (/d. §j 12.) Blodgett was placed on the heart monitor that same day. (/d.)

' Blodgett disputes that he refused an evaluation on March 8. (See Doc. 53 at 1.)

Between April | and June 24, 2023, Blodgett made six medical requests unrelated to his heart condition. (See id. 13-18.) On June 25, 2023, Blodgett submitted a medical request stating that he needed to have his pacemaker adjusted. (/d. § 19.) Doherty reviewed the request and advised Blodgett on June 26 that an appointment had been made with the Heart Institute for June 27. (/d. 19-20.) Blodgett missed that appointment because transport did not take him, and it was rescheduled for July 7. (Id. § 20.) Blodgett was seen at the Heart Institute on July 7. (/d. § 21.) The Heart Institute recommended that he have a follow up appointment in three months and, noting his high blood pressure, suggested that his pressure be taken every other day. (/d.) Doherty was not aware of that suggestion. (/d.) On August 21, 2023, Blodgett was seen at the St. James emergency room following an altercation at the Detention Center. (/d. § 22.) The ER provider did not note any issues with Blodgett’s blood pressure. On August 23, 2023, Blodgett submitted a request asking if his visit with the ENT doctor had been scheduled. (/d. § 23.) Doherty confirmed that it had. (/d.) On August 30, 2023, Blodgett was seen by Dr. Kaufman for a follow-up related to his August 21 injuries. (/d. §] 24.) On September 21, 2023, Blodgett was seen by Dr. Hull at the Heart Institute, to determine whether Blodgett could proceed with surgery for the facial injuries he

received during the August 21 altercation. (Id. {| 26.) Dr. Hull stated that an echocardiogram was needed, but he did not give any orders regarding Blodgett’s blood pressure medication or blood pressure checks. (Id.) No issues were noted with Blodgett’s blood pressure. (/d.) On October 6, 2023, Blodgett got an echocardiogram. (Id. J 27.) On November 26, 2023, Blodgett filed a grievance that he, as a cardiac patient, was required to have extra electrolytes, carbohydras, and calories in his diet that were not being provided. (/d. § 28.) The Detention Center responded to the grievance, informing Blodgett that the meals were contracted out and the facility had no control over what was provided. (/d.) Blodgett did not appeal. (/d.) He filed another grievance that same day, alleging that his civil rights had been violated, including his right to healthcare and adequate nutrition. (/d. § 29.) In response, the Detention Facility advised Blodgett that he was offered only basic medical care as disclosed during intake and that his meals were approved through a dietician. (/d.) Blodgett did not appeal. (/d.) On December 1, 2023, Blodgett submitted a medical request form indicating it was time to have his pacemaker and defibrillator checked at the Heart Institute. (Id. § 30.) Doherty responded on December 4 that Blodgett was already scheduled for a visit. Ud.) However, Blodgett missed his December 19 appointment because transport did not take him. U/d. § 31.) Another appointment was scheduled, and

Blodgett was seen on January 3, 2024. (Id.) On January 21, 2024, Blodgett went to St. James ER by ambulance for chest pain of an unspecified type. (/d. § 32.) Blodgett was treated and released that night and no follow-up was scheduled. (/d.) Blodgett had an appointment with the Heart Institute to have his defibrillator checked that was changed from April 4, 2024, to June 5, 2024. (/d. § 33.) On April 9, 2024, Blodgett submitted a medical request form stating that he

was having trouble breathing, had excess water around his heart, and had not been feeling normal. (/d. § 34.) Blodgett wanted to be moved to a cell where he could have his heart monitor. (/d.) Doherty had the medical request reviewed by FNP Willis who kept Blodgett’s blood pressure medications the same but added an extra dose of Lasix for 5 days.

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Blodgett v. Doherty, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blodgett-v-doherty-mtd-2025.