Carter v. Broward County Sheriff's Department Medical Department

558 F. App'x 919
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 10, 2014
DocketNo. 13-11840
StatusPublished
Cited by9 cases

This text of 558 F. App'x 919 (Carter v. Broward County Sheriff's Department Medical Department) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carter v. Broward County Sheriff's Department Medical Department, 558 F. App'x 919 (11th Cir. 2014).

Opinion

PER CURIAM:

James Alexander Carter, a Florida prisoner proceeding pro se, appeals from the district court’s grant of summary judgment against him in his 42 U.S.C. § 1983 action against the Broward County Sheriffs Department Medical Department (Sheriffs Department) and Dr. Rosemary Jackson (Jackson), the medical director of Armor Correctional Health Services, Inc. (Armor), which provides medical services at the Broward County Jail. Carter, who suffers from HIV, alleged that the Sheriffs Department and Jackson were deliberately indifferent to his medical needs because Jackson discontinued his high-calorie/high-protein diet. Carter also contends that the district court should have appointed him counsel, and that it abused its discretion in denying his motion to amend his complaint. After careful review, we affirm.

I.

We review de novo the grant of summary judgment. Rioux v. City of Atlanta, 520 F.3d 1269, 1274 (11th Cir.2008). Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Id. (citing Fed.R.Civ.P. 56(c)). In making this assessment, we must view all evidence and all factual inferences reasonably drawn from the evidence in the light most favorable to the nonmoving party, and must resolve all reasonable doubts about the facts in favor of the nonmovant. Id. The movant carries his burden by demonstrating that there is an absence of evidence to support the nonmoving party’s case. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986).

Only when that burden has been met does the burden shift to the nonmoving party to demonstrate that there are material issues of fact that preclude summary judgment. Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). The nonmovant is required to go beyond the pleadings and to present evidentiary materials that show a genuine issue in dispute. Celotex Corp., 477 U.S. at 324, 106 S.Ct. at 2553. “Mere conclusions and unsupported factual allegations are legally insufficient to create a dispute to defeat summary judgment.” Bald Mountain Park, Ltd. v. Oliver, 863 F.2d 1560, 1563 (11th Cir.1989).

Section 1983 provides a remedy for the deprivation of federal civil rights by a person acting under color of state law. See 42 U.S.C. § 1983. Prison officials violate the Eighth Amendment when they act with deliberate indifference to an inmate’s serious medical needs, giving rise to a cause of [922]*922action under § 1983. Estelle v. Gamble, 429 U.S. 97, 104-05, 97 S.Ct. 285, 291, 50 L.Ed.2d 251 (1976). Claims of deliberate indifference to the serious medical needs of pretrial detainees are governed by the Fourteenth Amendment rather than by the Eighth Amendment. Andujar v. Rodriguez, 486 F.3d 1199, 1203 n. 3 (11th Cir.2007). However, pretrial detainees are afforded the same protection as prisoners, and cases analyzing deliberate indifference claims of pretrial detainees and prisoners can be used interchangeably. See id. To prevail on a claim of deliberate indifference, a plaintiff must show: (1) a serious medical need; (2) the defendant’s deliberate indifference to that need; and (3) causation between the defendant’s indifference and the plaintiffs injury. Mann v. Taser Int’l, Inc., 588 F.3d 1291, 1306-07 (11th Cir.2009).

A serious medical need is “one that has been diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person would easily recognize the necessity for a doctor’s attention.” Farrow v. West, 320 F.3d 1235, 1243 (11th Cir.2003) (quotation marks omitted). Establishing deliberate indifference to that serious medical need requires the plaintiff to demonstrate: (1) subjective knowledge that serious harm is possible; (2) disregard of that risk; and (3) conduct that is more than mere negligence. Brown v. Johnson, 387 F.3d 1344, 1351 (11th Cir.2004). Conduct that is more than mere negligence may include: (1) knowledge of a serious medical need and a failure or refusal to provide care; (2) delaying treatment; (3) grossly inadequate care; (4) a decision to take an easier but less efficacious course of treatment; or (5) medical care that is so cursory as to amount to no treatment at all. McElligott v. Foley, 182 F.3d 1248, 1255 (11th Cir.1999). A simple difference in medical opinion between the medical staff and an inmate as to the latter’s diagnosis or course of treatment does not establish deliberate indifference. Harris v. Thigpen, 941 F.2d 1495, 1505 (11th Cir.1991). “A § 1983 plaintiff may demonstrate causation either by establishing that the named defendant was personally involved in the acts that resulted in the constitutional deprivation, or by showing that the defendant instituted a custom or policy that resulted in deliberate indifference to constitutional rights.” Thomas v. Bryant, 614 F.3d 1288, 1317 n. 29 (11th Cir.2010) (alteration omitted) (citations omitted) (internal quotation marks omitted).

Here, the district court did not err in granting summary judgment in favor of Jackson as to Carter’s deliberate indifference claim. Carter’s primary argument is that a high-calorie/high-protein diet was medically necessary for his HIV, and that Jackson was deliberately indifferent by discontinuing it. The evidence indicates that Jackson used her medical judgment to conclude that it was better for Carter’s overall health to discontinue the diet given Carter’s weight gain and elevated lipid, glucose, and triglyceride levels. The Senior Physician/Clinical Coordinator of HIV and Infectious Disease Services in the Cook County Jail System reviewed Carter’s medical records and stated that Jackson did not deny adequate medical care to Carter and did not deviate in the standard of care in treating him. Rather, she used her medical judgment to determine that it was not necessary for Carter to be on the high-calorie/high-protein diet. While Carter may disagree with Jackson regarding his continued need for the diet, he has not presented any evidence to support his allegation that Jackson was deliberately indifferent by discontinuing it. This amounts at most to a difference of opinion, which does not give rise to a constitutional violation.

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Bluebook (online)
558 F. App'x 919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-broward-county-sheriffs-department-medical-department-ca11-2014.