Dockerty-Bostron v. Waukesha County

744 F. Supp. 877, 1990 WL 108851
CourtDistrict Court, E.D. Wisconsin
DecidedAugust 1, 1990
DocketNo. 89-C-1473
StatusPublished
Cited by1 cases

This text of 744 F. Supp. 877 (Dockerty-Bostron v. Waukesha County) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dockerty-Bostron v. Waukesha County, 744 F. Supp. 877, 1990 WL 108851 (E.D. Wis. 1990).

Opinion

OPINION AND ORDER

CURRAN, District Judge.

Lesallan Dockerty-Bostron, a prisoner in state custody, is seeking monetary relief pursuant to 42 U.S.C. § 1983 from Wauke-sha County (Wisconsin), the Waukesha County Sheriff’s Department, Sheriff Raymond Kiink, Jail Administrator William Co-nine,2 and unnamed sheriff’s deputies and employees of the Waukesha County Sheriff’s Department. Dockerty-Bostron claims that, while he was in pretrial detention in the Waukesha County Jail, he was denied adequate medical treatment. For this, he believes he is entitled to $50,000.00 in compensatory damages and $100,000.00 in punitive damages.

The defendants answered the complaint and, after the time for the completion of all discovery had passed, they moved for summary judgment on the grounds that there are no material issues of fact in dispute and that they are entitled to judgment as a matter of law. See Federal Rule of Civil Procedure 56(c). The plaintiff has filed his response, so this matter is now ready for decision.

I. FACTS

The defendants have compiled a narrative version of the facts material to Dockerty-Bostron’s claim which the court finds to be supported by the record.3 The defendants state that:

The plaintiff was arrested on a burglary charge on June 21, 1987, taken to a hospital and then taken to the Waukesha County Jail. During the time he was at the Jail, the written policy of Waukesha County, its Sheriff’s Department and Jail regarding medical treatment for inmates was contained in one section of the Waukesha County Jail Rules pamphlet and in the 91 page Medical Policies and Procedures Manual for the Jail. Pursuant to the pamphlet and Manual, an inmate who requested non-emergency medical attention was to fill out a “Re[879]*879quest for Medical Attention” form, which would then be referred to a jail nurse.
On June 22, 1987, the day after he arrived at the Jail, Dockerty submitted two “Request for Medical Attention” forms, neither of which referred to a problem with his wrist. On the night of July 7, he submitted a Request form that stated “My hand is still messed up.” As noted on that form, he was then seen by Nurse Susan A. Patterson, who scheduled Dockerty for an “MD visit” on July 9, 1987.
Dockerty was seen by Dr. Robert Reichle on July 9, 1987. Dr. Reichle noted tenderness in the left wrist and ordered that the left wrist be x-rayed. Following the doctor’s order, Nurse Patterson scheduled an X-ray appointment for Dockerty at Occupational Health Associates at 6:00 p.m. the same day, July 9.
On the evening of July 9, Dockerty was taken from his cell block and informed that he was being taken for an X-ray. Because Dockerty apparently had a visit scheduled with his mother at the same time and was not allowed to contact her about his doctor’s appointment, he refused to go to the X-ray appointment. Dockerty then signed a “Medical Waiver” which stated that he chose not to have the X-rays and which released the County and Department from liability.
From July 10 through August 5, 1987, Dockerty submitted 14 “Request for Medical Attention” forms. Not one of the forms referred to a wrist problem. On August 5, Dockerty was seen and examined by both Nurse Patterson and Dr. Reichle for a standard inmate health appraisal. During these examinations, he made no complaints to Nurse Patterson or Dr. Reichle concerning his wrist.
From August 6 through September 1, 1987, Dockerty submitted 12 “Request for Medical Attention” forms. Not one of the forms referred to a wrist problem. On the night of September 2, he submitted a form which stated “need nail clippers and also to have my wrist looked at again by the doctor.” As noted on that form, he was seen by Nurse Patterson on September 3, who gave him some clippers and scheduled him for the clinic the same day.
Dockerty saw and was examined by Dr. Reichle on September 3, 1987. Reichle noted left wrist pain and ordered an X-ray of the left wrist. Following the doctor’s order, Nurse Patterson scheduled an X-ray appointment for Dockerty at Occupational Health Associates the same day, September 3. This time, Dockerty went to the appointment. His left wrist was x-rayed, revealing a healing compression fracture.

Brief of Defendants in Support of Motion for Summary Judgment Pursuant to Rule 56 at 2-5 (citations omitted).

II. SUMMARY JUDGMENT STANDARDS

Under Federal Rule of Civil Procedure 56(c), parties moving for summary judgment must show that 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 parties are entitled to a judgment as a matter of law. See Celotex Corporation v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986); McGraw-Edison Company v. Walt Disney Productions, 787 F.2d 1163, 1167 (7th Cir.1986). When faced with a properly supported motion for summary judgment, the nonmovant may not avoid judgment by simply resting on his pleadings. If the non-movant bears the burden of production on an issue at trial, he must affirmatively demonstrate, by specific showings, that there is a genuine issue of material fact requiring a trial. See First National Bank of Cicero v. Lewco Securities Corporation, 860 F.2d 1407, 1411 (7th Cir.1988).

A “genuine” factual issue is one that properly can be resolved only by a finder of fact because it may reasonably be resolved in favor of either party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). A summary judgment proce[880]*880dure is not meant to be a trial on affidavits. “Credibility determinations, the weighing of evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge_ The evidence of the nonmovant is to be believed and all justifiable inferences are to be drawn in his favor.” Anderson, 477 U.S. at 255, 106 S.Ct. at 2513. At the summary judgment stage the judge’s function is to determine whether there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. See First National Bank of Arizona v. Cities Service Company, 391 U.S. 253, 288-89, 88 S.Ct. 1575, 1592, 20 L.Ed.2d 569 (1968). This inquiry implicates the substantive evi-dentiary standard of proof that would apply at a trial on the merits.

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Bluebook (online)
744 F. Supp. 877, 1990 WL 108851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dockerty-bostron-v-waukesha-county-wied-1990.