Caplinger v. CCA

999 F. Supp. 2d 1203, 2014 U.S. Dist. LEXIS 18517, 2014 WL 556451
CourtDistrict Court, D. Idaho
DecidedFebruary 11, 2014
DocketCase No. 1:12-cv-00537-BLW
StatusPublished
Cited by3 cases

This text of 999 F. Supp. 2d 1203 (Caplinger v. CCA) is published on Counsel Stack Legal Research, covering District Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caplinger v. CCA, 999 F. Supp. 2d 1203, 2014 U.S. Dist. LEXIS 18517, 2014 WL 556451 (D. Idaho 2014).

Opinion

MEMORANDUM DECISION AND ORDER

B. LYNN WINMILL, Chief Judge.

Plaintiff, a prisoner in the custody of the Idaho Department of Correction (IDOC) and incarcerated at Idaho Correctional Center (ICC), is represented by counsel in this civil rights matter. Defendants have filed a Motion to Dismiss, arguing that (1) Plaintiffs claims against Defendants Wengler, Kessler, and Thacker must be dismissed for failure to exhaust administrative remedies, and (2) Plaintiffs claims against Defendants Thacker and Lambert must be dismissed for failure to state a claim upon which relief may be granted. (Dkt. 18.) Defendants have also filed a Motion for Summary Judgment. (Dkt. 61.)

Having fully reviewed the record, the Court finds that the facts and legal arguments are adequately presented in the briefs and record and that the decisional process would not be significantly aided by oral argument. Accordingly, the Court will decide this matter on the record without oral argument. D. Idaho L.R. 7.1. For the reasons that follow, the Court concludes that there is no genuine dispute as to any material fact and that Defendants are entitled to judgment as a matter of law. Therefore, Defendants’ Motion for Summary Judgment will be granted, and the Court need not address Defendants’ Motion to Dismiss.

INTRODUCTION

Plaintiff filed the instant action in October 2012. He claims that he has not received adequate prison medical care as required by the Eighth Amendment to the United States Constitution. Plaintiff sues Corrections Corporation of America (CCA), the private prison operating ICC under contract with the IDOC, as well as several CCA employees — Physician’s Assistant Dan Lambert, Dr. David Agler, Health Services Administrator Acel Thacker, Assistant Warden Thomas Kessler, and former Warden Tim Wengler.

DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

1. Factual Background

This section includes facts that are undisputed and material to the resolution of the issues in this ease. Where material facts are in dispute, the Court has included Plaintiffs version of facts, insofar as that version is not contradicted by clear documentary evidence in the record. See Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007) (“When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.”)

A. Plaintiff’s Injury and Medical Treatment

In August 2010, Plaintiff fell in the kitchen where he worked at ICC, injuring [1208]*1208his right wrist. Defendant Lambert “immediately” evaluated Plaintiff. (Compl., Dkt. 1, at ¶ 14.) Lambert “initially assessed a sprained wrist, splinted it[,] and ordered an x-ray to further define the injury.” (Lambert Deck, Dkt. 22-4, at ¶ 3.)

A week after the initial examination, Plaintiff had the x-ray, which showed no fractures or other abnormalities. (Id. at ¶ 4.) Lambert informed Plaintiff that the x-ray was normal. Because Plaintiff was still experiencing pain, Lambert evaluated Plaintiff again on November 12, 2010 and ordered a second x-ray; this x-ray also showed “no fracture or other bony abnormality.” (Def. Stmt, of Undisp. Facts, Dkt. 22-2, ¶ 6; PI. Stmt, of Disp. Facts, Dkt. 26-1, ¶ 6.) Because Lambert suspected a ligament injury, he referred Plaintiff to Defendant Dr. Agler “for further evaluation and consideration of a hand surgery consultation.” (Agler Deck, Dkt. 22-3, ¶ 10.) P.A. Lambert left his employment with ICC on November 30, 2010, and had no further contact with Plaintiff. (Def. Stmt. Undisp. Facts ¶ 6; PI. Stmt. Disp. Facts ¶ 6.)

Plaintiff submitted a Health Service Request form on November 29, 2010. He was examined the next day by Bryce Aitkin, a nurse practitioner, who ordered a follow-up with Defendant Agler. (Def. Stmt. Undisp. Facts ¶7; PI. Stmt. Disp. Facts ¶ 7.) Dr. Agler evaluated Plaintiffs wrist approximately a week later, on December 7, 2010. Plaintiff refused Dr. Agler’s suggestion of a cortizone injection, and Dr. Agler “decided to hold off doing an MRI for the time being to see if [Plaintiffs] wrist would improve with time.” (Id.) Agler ordered a follow-up in one month. (Id.)

The follow-up examination was performed by N.P. Aitkin on January 4, 2011. (Def. Stmt. Undisp. Facts ¶ 8; PI. Stmt. Disp. Facts ¶ 8.) Aitkin noted that Plaintiffs condition had not improved, even though (1) Plaintiffs wrist had been in a splint, (2) he had been taking anti-inflammatory and pain medication, and (3) he had had two normal x-rays. Therefore, Aitkin referred Plaintiff to an offsite orthopedic specialist, and that order was approved on January 10. (Id.; Thacker Deck, Dkt. 22-5, ¶ 21.)

According to Defendant Thacker, who is the custodian of Plaintiffs medical records, Plaintiff was scheduled to see an offsite doctor at Mountain States Hand Clinic on February 21, 2011, but that on February 10, the clinic canceled the appointment because February 21 was a holiday. (Thacker Deck ¶ 21.) Plaintiff takes issue with this statement, contending that Thacker should be disbelieved because the cancellation “has no basis in reason,” given that Thacker is “trying to say that the offsite doctor was too stupid to know ahead of time that [the appointment] was scheduled for a holiday.” (PI. Stmt. Disp. Facts, ¶ 9.) Plaintiff contends that, instead, “[e]ither the offsite doctor was never consulted about scheduling the appointment, or the Defendants’ scheduler was lying when they [sic] said they [sic] booked the appointment.” 1 (Id.)

To the contrary, it is Plaintiff who is engaging in improper speculation here. The Court sees nothing “ridiculous” (id.) about a doctor’s office booking an appointment and later realizing that the office would be closed on President’s Day. Doctors’ offices are busy places, and President’s Day is not like Independence Day, which falls on the same day every year. Many businesses remain open on Presi[1209]*1209dent’s Day, and the decision to close the clinic that day might have been made after some appointments were already scheduled. The medical records support Thacker’s statement that on February 10, 2011, the appointment was cancelled and that the reason given was “president’s day[,] need to reschedule.” (Ex. A to Thacker Deck, ICC Caplinger 980.) Plaintiffs further objection that Thacker is “only relaying hearsay” is hollow. (PI. Stmt. Disp. Facts ¶ 9.) The medical records would clearly meet the business records exception to the rule against hearsay, and Thacker, as the custodian of those records, is competent to testify as to their content. See Fed.R.Evid. 803(6).

Plaintiffs offsite appointment was rescheduled for March 23, 2011. However, that appointment was also cancelled, for an unknown reason, and rescheduled for April 4, 2011. (Thacker Deck, ¶¶ 22-23.) On that date, Plaintiff was examined offsite by orthopedic hand surgeon Dr. Troy Watkins, who noted that surgery might be indicated but that he would wait to make a final recommendation until Plaintiff had an MRI. (Compl., ¶ 20.) However, Dr. Watkins did not send his report to ICC until May 12, 2011. (Agler Deck ¶22; Def. Stmt.

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Cite This Page — Counsel Stack

Bluebook (online)
999 F. Supp. 2d 1203, 2014 U.S. Dist. LEXIS 18517, 2014 WL 556451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caplinger-v-cca-idd-2014.