Franklin R. Harris v. William Neilds

706 F. App'x 945
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 23, 2017
Docket15-13791 Non-Argument Calendar
StatusUnpublished
Cited by7 cases

This text of 706 F. App'x 945 (Franklin R. Harris v. William Neilds) 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
Franklin R. Harris v. William Neilds, 706 F. App'x 945 (11th Cir. 2017).

Opinion

HULL, Circuit Judge:

Plaintiff Franklin Harris is a prison inmate at the Hamilton Cori'ectional Institution in Jasper, Florida. This case arises out of Harris’s fall from a transport van and subsequent medical treatment. Harris brought deliberate indifference claims under the Eighth Amendment. On appeal, Harris argues that the district court erred by granting summary, judgment in favor of two defendant medical professionals who treated him on the day of his fall. After thorough review, we affirm.

I. BACKGROUND

A. Harris’s Fall on April 9, 2010

According to Harris’s verified third amended complaint, on April 9, 2010, two correctional officers transported Harris from the prison to a medical appointment with an eye specialist. Harris is a 67 year old man with degenerative back problems who uses a wheelchair to help with his mobility. Harris, in a wheelchair, traveled in a handicap accessible van. Harris was shackled with a waist chain, handcuffs, and restraints on both ankles.

On the way to the eye doctor, the officers stopped at the Lake Butler Regional Medical Center (“the hospital”), a separate facility run by the Florida Department of Corrections, Defendant Sergeant Ricky Allen directed Harris to move from the handicap accessible van into a regular fifteen passenger van. To move into the regular van, Harris had to leave his wheelchair, which he was able to do. The regular van did not have any steps to help passengers get in and out, but Sergeant Allen placed an aluminum handcuff storage box outside the van for Harris to step onto and move into the van, At first, Sergeant Alien helped Harris into the van by holding Harris’s left arm. According to Harris, Sergeant Allen let go before Harris had finished stepping onto the box. Harris alleges that when Sergeant Allen let go of him, this caused Harris to fall head first onto the pavement.

Harris’s head struck and bounced off of the pavement, making contact above Harris’s right eye. Harris’s right hand also struck the pavement in his attempt to stop his fall. At that time Harris was dizzy but was not bleeding at all.

B. April 9, 2010 Emergency Room Visit with Dr. Nields

The correctional officers took Hams to the emergency room at the prison system hospital, where a nurse first examined Harris. In the medical records, the nurse recorded that Harris had a small hemato-ma over his right eyebrow and complained of pain in his head and right wrist. After examining him, the nurse referred Harris to defendant Dr. William Nields, the emergency room doctor.

Dr. Nields examined Harris. Harris avers that he complained of pain in his head, neck, and hands, impaired vision, and numbness in his right arm. The medical records do not note any complaints about Harris’s neck or impaired vision.

*947 Although he remembers Harris’s visit, Dr. Nields does “not recall every detail.” During that visit, Harris was alert, oriented as to person, place, time, and situation, and properly responded to verbal' questions. Dr. Nields saw no evidence that Harris had experienced any loss of consciousness or other evidence of a serious injury. Harris did have visible swelling on his forehead above his right eye. As the emergency room doctor, Dr. Nields determined that Harris did' not have an emergency medical condition, Dr. Nields gave Harris Tylenol for his pain and told Harris to consult sick call if his problems persisted.

Dr. Nields did not order an x-ray or other scan of Harris’s head because Dr. Nields did not believe an x-ray or MRI was medically necessary based on Harris’s condition. While Harris claims that Dr. Nields’s failure to order tests and diagnose his problems delayed his treatment, Harris admits that this was “a misjudgment medical thing.”

C. Return to Prison to see Nurse Bunting on April 9, 2010

After the emergency room visit at the prison system hospital, the correctional officers took Harris to his eye exam that day. On the return trip to the prison, Harris showed one correctional officer the swelling over his right eye and complained of severe pain. The correctional officer told Harris to declare a medical emergency as soon as he returned to the prison.

Upon arrival at the prison, Harris was taken to the medical department. The correctional officer on duty in the medical department looked at Harris’s injuries and then called defendant Nurse James Bunting and explained the nature of Harris’s visible injury. In the medical records, Nurse Bunting wrote that Harris had been seen by Dr. Nields, a prison doctor, earlier that day at the emergency room. According to Harris, Nurse Bunting (1) heard about Harris’s injuries from the correctional officer, but, “without conducting a medical evaluation of any kind,” told Harris: “Go to your dormitory”; (2) threatened Harris with confinement if he continued to complain; and (3) walked away when Harris tried to show Nurse Bunting the swelling on his head and arm. After Nurse Bunting walked away, the correctional officer on duty told Harris to declare a medical emergency, which Harris did.

Later that day, the correctional officers changed shifts, and the new officer on duty asked Harris why he was still in the medical department. Harris responded that he had declared a medical emergency and showed the new officer his injuries. After Harris explained his injuries, the new officer went and got Nurse Bunting to return. According to Harris, Nurse Bunting approached him and said: “What part of no do you not understand? .... Go back to your dormitory.” At that point, the correctional officer spoke to Nurse Bunting outside of Harris’s earshot. When they returned, Nurse Bunting told Harris: “I’m going to take your vital signs and that’s it, then take your behind to the dorm and sign up for sick call.”

Nurse Bunting filled out a “nursing assessment” for Harris’s April 9, 2010 visit to the prison’s medical department. 1 The nursing assessment noted that a Dr. Nields (at the hospital) had already seen Harris for this occurrence earlier the same day. Nurse Bunting took and recorded *948 Harris’s vital signs, including his temperature, blood pressure, and weight. The nursing assessment stated that Harris’s pupils were “PERLA,” meaning “pupils equal round react to light, accommodation.” Nurse Bunting noted a “small 20mm hematoma” on Harris’s right eyebrow and reported a “normal neurological status” for which no treatment was required. According to Nurse Bunting, the medical records demonstrate that he “performed an independent medical evaluation” of Harris and -determined that Harris did hot require emergency measures, had no medical emergency, and needed no further treatment or diagnostic testing. Nurse Bunting also directed Harris to “utilize sick call for non-emergency issues.”

Harris avers that when he left the prison’s medical department] he- was still in pain and dizzy. Harris stated that he did not even receive an ice pack to help the swelling go down.

D.April 12, 2010 “Sick Call” Visit

On April 12, 2010 (three days after Harris’s April 9 fall), Harris utilized the sick call procedure at the prison.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
706 F. App'x 945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-r-harris-v-william-neilds-ca11-2017.