Corey Boone v. Dr. D. Gaxiola

665 F. App'x 772
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 4, 2016
Docket15-13332
StatusUnpublished
Cited by11 cases

This text of 665 F. App'x 772 (Corey Boone v. Dr. D. Gaxiola) 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
Corey Boone v. Dr. D. Gaxiola, 665 F. App'x 772 (11th Cir. 2016).

Opinion

PER CURIAM:

Corey Boone, a Florida state prisoner proceeding pro se, appeals from the district court’s dismissal, in part, and grant of summary judgment, in part, in favor of: (1) Dr. D. Gaxiola; (2) Nurse'C. Knight; (3) Nurse K. Davis; and (4) Nurse P.W. Paige (“defendants”) in his civil rights suit, brought under 42 U.S.C. § 1983. Boone’s complaint alleged that the defendants violated his Eighth and Fourteenth Amendment rights by acting deliberately indifferent to his appendicitis, which he ended up having surgery to remove. The district court dismissed Boone’s Fourteenth Amendment claim, and granted summary judgment in favor of the defendants on his Eighth Amendment claim because no evidence suggested that the defendants acted with deliberate indifference to Boone’s appendicitis, before or after surgery. The district court also determined that the defendants were shielded by qualified immunity. On appeal, Boone argues that summary judgment was inappropriate because he provided enough facts to create a triable issue of material fact as to whether the treatment he received constituted a deliberate indifference of a serious medical need. After careful review, we affirm.

We review the district court’s grant or denial of summary judgment de novo. Moton v. Cowart, 631 F.3d 1337, 1341 (11th Cir. 2011). In doing so, we draw all inferences and review all of the evidence in the light most favorable to the non-moving party. Id. “[I]f the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law,” then summary judgment is appropriate. Id. (quotation omitted). Genuine issues of material fact are those in which the evidence is such that a reasonable jury could return a verdict for the non-moving party. Ellis v. England, 432 F.3d 1321, 1325-26 (11th Cir. *774 2005). For factual issues to be considered genuine, they must have a real basis in the record. Id. at 1326. “[M]ere conclusions and unsupported factual allegations are legally insufficient to defeat a summary judgment motion.” Id. Credibility determinations are impermissible when the district court reviews a motion for summary judgment. Moorman v. UnumProvident Corp., 464 F.3d 1260, 1266 n.1 (11th Cir. 2006).

A claimant is entitled to relief under § 1983 if he can prove that a person acting under color of state law committed an act that deprived him of some right protected by the Constitution or laws of the United States. 42 U.S.C. § 1983. The Eighth Amendment forbids “cruel and unusual punishments.” U.S. Const, amend. VIII. The Supreme Court has interpreted the Eighth Amendment to include “deliberate indifference to serious medical needs of prisoners.” Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). “To show that a prison official acted with deliberate indifference to serious medical needs, a plaintiff must satisfy both an objective and a subjective inquiry,” Farrow v. West, 320 F.3d 1235, 1243 (11th Cir. 2003). A plaintiff must show that he had an objectively serious medical need, that the defendants’ were deliberately indifferent to that need, and that there was a causal link between that indifference and the plaintiffs injury. Mann v. Taser Intern., 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, 320 F.3d at 1243 (quotation omitted). In either situation, the need must be “one that, if left unattended, poses a substantial risk of serious harm.” Id. (quotations and alteration omitted).

To show that a defendant acted with deliberate indifference, the defendant must (1) have subjective knowledge of a risk of serious harm, (2) disregard the risk, and (3) display conduct beyond mere negligence. Id. at 1245. Conduct that is more than mere negligence includes, inter alia, grossly inadequate care or a decision to take an easier but less efficacious course of treatment. McElligott v. Foley, 182 F.3d 1248, 1255 (11th Cir. 1999). Even when treatment is ultimately provided, deliberate indifference may occur by delaying treatment, though the reason for the delay is relevant in determining whether there has been unconstitutional conduct. Id.

In the prison context, we must “distinguish between evidence of disputed facts and disputed matters of professional judgment.” Beard v. Banks, 548 U.S. 521, 530, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006). “Unless a prisoner can point to sufficient evidence regarding such issues of judgment to allow him to prevail on the merits, he cannot prevail at the summary judgment stage.” Id. A medical decision not to pursue a particular course of diagnosis or treatment is a classic example of a matter for medical judgment, an exercise of which does not represent cruel and unusual punishment. See Estelle, 429 U.S. at 107-08, 97 S.Ct. 285. Moreover, “[wjhere a prisoner has received ... medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims that sound in tort law.” Hamm v. DeKalb Cnty., 774 F.2d 1567, 1575 (11th Cir. 1985) (quotation omitted).

Qualified immunity shields government officials, when performing discretionary functions, from civil suits in their individual capacities. Andujar v. Rodriguez, 486 F.3d 1199, 1202 (11th Cir. 2007). This protection attaches unless the officials’ con *775 duct violates clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). Thus, qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986).

As an initial matter, Boone has abandoned critical argument to his appeal. It is true that pro se pleadings are held to less stringent standards than those drafted by lawyers, and thus, are liberally construed by us. Alba v. Montford, 517 F.3d 1249, 1252 (11th Cir. 2008). Nevertheless, an appellant must clearly and specifically identify in his brief any issue he wants the appellate court to address, otherwise it will be deemed abandoned. Sapuppo v. Allstate Floridian Ins.

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Bluebook (online)
665 F. App'x 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corey-boone-v-dr-d-gaxiola-ca11-2016.