Francisco Gonzalez v. Abigail Lopez-De Lasalle

703 F. App'x 62
CourtCourt of Appeals for the Third Circuit
DecidedAugust 9, 2017
Docket17-1963
StatusUnpublished
Cited by3 cases

This text of 703 F. App'x 62 (Francisco Gonzalez v. Abigail Lopez-De Lasalle) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Francisco Gonzalez v. Abigail Lopez-De Lasalle, 703 F. App'x 62 (3d Cir. 2017).

Opinion

OPINION *

PER CURIAM

Francisco Gonzalez, a federal inmate confined at FCI Fort Dix when the relevant events occurred, appeals from the judgment of the United States District Court for the District of New Jersey. We will summarily affirm.

I.

In June 2012, Gonzalez filed an action pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), against several FCI Fort Dix employees, including Warden Donna Zickefoose, Clinical Director Abigail Lopez De LaSalle, M.D., Pradip Patel, M.D., and “Health Information Tech” Steven Ruff. Gonzalez alleged Eighth Amendment violations based on his exposure to prison environmental conditions that worsened his emphysema, chronic bronchitis, asthma, and chronic obstructive pulmonary disease (“COPD”); failure to grant a medical transfer; and inadequate medical care. He claimed that he had undergone five emergency hospitalizations since April 2011, brought about by exposure to environmental tobacco smoke (“ETS”), asbestos, and lead-based paint; extreme temperature fluctuations; lack of air conditioning; and exposure to jet fuel emissions from the adjoining Air Force Base.

In December 2012, the District Court screened Gonzalez’s complaint pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A, and ordered dismissal of defendant Lopez De LaSalle without prejudice. At the close of discovery, the remaining defendants filed a motion for summary judgment. By order entered on February 27, 2015, the District Court granted defendants’ motion for summary judgment, with the exception of Gonzalez’s Eighth Amendment claim that Dr. Patel retaliated against him by revoking his first floor pass in September 2011, because Gonzalez refused to identify inmates who were smoking. Gonzalez filed a motion for reconsideration, which the District Court denied by order entered on December 18,2015.

While Gonzalez’s motion for reconsideration was under review by the District Court, Dr. Patel, the only remaining defendant, filed a motion for summary judgment. By order entered on July 22, 2016, the District Court denied without prejudice Dr. Patel’s motion for summary judgment as there were “unaddressed discrepancies in the medical records that precluded judgment in Patel’s favor.” In September 2016, Dr. Patel renewed his motion for summary judgment, which was ultimately granted by the District Court on April 7, 2017. Gonzalez appeals.

II.

We have jurisdiction pursuant to 28 U.S.C. § 1291. Because Gonzalez has been granted in forma pauperis status pursuant to 28 U.S.C. § 1915, we review this appeal for possible dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B). We may summarily affirm under Third Circuit LAR 27.4 and I.O.P. 10.6 if the appeal lacks substantial merit. We exercise plenary review over a district court order for summary judgment. Giles v. Kearney, 571 F.3d 318, 322 (3d Cir. 2009). Summary judgment is appropriate “if the movant shows that there *66 is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The moving party “bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions” of the record which demonstrate the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the moving party meets its burden, the nonmoving party then must present specific facts that show there is a genuine issue for trial. Fed. R. Civ. P. 56(c)(1), (e)(2); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

III.

To succeed on an Eighth Amendment claim for the denial or delay of medical care, Gonzalez is required to demonstrate that the defendants were deliberately indifferent to his serious medical needs. See Estelle v. Gamble, 429 U.S. 97, 103-05, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). Deliberate indifference can be shown by a prison official’s “intentionally denying or delaying access to medical care or intentionally interfering with the treatment once prescribed.” Id. at 104-05, 97 S.Ct. 285. We have also found deliberate indifference where prison officials delay necessary medical treatment based on a non-medical reason. Rouse v. Plantier, 182 F.3d 192, 197 (3d Cir. 1999).

We agree with the District Court that Warden Zickefoose and Ruff are entitled to summary judgment on Gonzalez’s denial of medical care claim. Gonzalez alleges that, beginning in August 2011, he informed prison officials that “various environmental factors” at FCI Fort Dix were worsening his serious health conditions, and repeatedly requested a transfer to another facility. His requests were denied by Warden Zickefoose and Ruff, who relied on Dr. Patel’s judgment that Gonzalez did not qualify for a medical transfer.

The record shows that there is no genuine dispute that Gonzalez received frequent medical evaluations and treatment at Fort Dix beginning in January 2009, the month he arrived. Dr. Patel evaluated Gonzalez as a Care Level 2 inmate - a stable outpatient with chronic illness able to perform activities of daily living, and thus not qualified for medical transfer. Although Gonzalez required several hospitalizations for COPD-related illnesses, the medical staff approved his hospitalizations, and the record supports Dr'. Patel’s opinion that Gonzalez’s illnesses, which were chronic and not curable, could be adequately managed at Fort Dix, with outside treatment when needed. Warden Zicke-foose and Ruff, as non-medical professionals, were entitled to rely on and defer to the medical judgment of Dr. Patel, that Gonzalez was not qualified for medical transfer. See Spruill v. Gillis, 372 F.3d 218, 236 (3d Cir. 2004); Durmer v. O’Carroll, 991 F.2d 64, 69 (3d Cir. 1993). 1 Accordingly, the District Court properly granted summary judgment on this claim.

IV.

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703 F. App'x 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francisco-gonzalez-v-abigail-lopez-de-lasalle-ca3-2017.