Gonzalez v. Ahmed

67 F. Supp. 3d 1145, 2014 U.S. Dist. LEXIS 128094, 2014 WL 4444292
CourtDistrict Court, N.D. California
DecidedSeptember 9, 2014
DocketCase No.: 10-CV-05654-LHK
StatusPublished
Cited by18 cases

This text of 67 F. Supp. 3d 1145 (Gonzalez v. Ahmed) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gonzalez v. Ahmed, 67 F. Supp. 3d 1145, 2014 U.S. Dist. LEXIS 128094, 2014 WL 4444292 (N.D. Cal. 2014).

Opinion

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

LUCY H. KOH, United States District Judge

Plaintiff Brent Luis Gonzalez (“Plaintiff’), a state prisoner, initiated this action against Defendants Dr. Zahed Ahmed (“Dr. Ahmed”), Dr. Michael Sepulveda (“Dr. Sepulveda”), and Dr. Joseph Chudy (“Dr. Chudy”) under 42 U.S.C. § 1983, alleging deliberate indifference to serious medical needs. Before the Court is Dr. Chudy’s motion for summary judgment. Pursuant to Civil Local Rule 7-1 (b), the Court finds this matter appropriate for resolution without oral argument and here[1148]*1148by VACATES the hearing scheduled for September 11, 2014 and continues the September 11, 2014 case management conference to November 6, 2014 at 1:30 p.m. Having considered the submissions of the parties and the relevant law, and for good cause shown, the Court hereby DENIES Dr. Chudy’s motion for summary judgment.

I. BACKGROUND

A. Factual Background

The following facts are táken in the light most favorable to Plaintiff unless otherwise indicated. Defendant Dr. Ahmed was Plaintiffs primary care physician at Central Training Facility (“CTF”). Third Am. Compl. (“TAC”) ¶ 5. Defendant Dr. Se-pulveda was the Chief Physician and Surgeon át CTF, whose duties included investigating inmate appeals regarding staff complaints and medical treatment. TAC ¶ 7; Declaration of Michael Sepulveda (“Sepulveda Decl.”), ECF No. 57, Exh. M, ¶ 2. Defendant Dr. Chudy was the Chief Medical Officer and Healthcare Manager at CTF, and was also responsible for reviewing inmate appeals. TAC ¶ 6; Declaration of Joseph Chudy (“Chudy Deck”), ECF No. 169, Exh. E, ¶4. On July 7, 2008, Plaintiff submitted a request for medical services because he was having severe abdominal pain in his lower right abdominal region and groin area, and had been experiencing nausea and loss of appetite for about three days. TAC ¶ 8. Two days later, Plaintiff saw a nurse and requested to see a doctor that day. Declaration of Brent Luis Gonzalez (“PLDecl.”), ECF No. 72, ¶ 4. The nurse scheduled Plaintiff for an appointment with Dr. Ahmed on July 17, 2008. Id. By the time Plaintiff saw Dr. Ahmed, it was very painful for Plaintiff to make even the smallest of movements, it hurt when he urinated, and he was developing a cough. TAC ¶ 9.

At this point, the parties’ versions of events differ. According to Plaintiff, on July 17, 2008, when Plaintiff tried to explain these pains and symptoms to Dr. Ahmed, Dr. Ahmed was sarcastic, dismissive, and mocking. Id. When Plaintiff tried to show Dr. Ahmed where he was feeling pain, Dr. Ahmed did not examine him at all, but instead, stated, “You are okay. Nothing is wrong with you,” and then turned away and began writing in his notes. Id. Plaintiff begged Dr. Ahmed to examine him, but Dr. Ahmed merely dismissed him. Id. Plaintiff threatened that he would have to file an administrative grievance so that he could receive a proper examination, and Dr. Ahmed threatened Plaintiff with a disciplinary write-up for “wasting his time,” and “making a joke.” Id. Plaintiff .left Dr. Ahmed’s office without a medical examination or relief. Id. Plaintiff asserts that, at no time did Dr. Ahmed ever ask if he was experiencing nausea, vomiting, diarrhea, or constipation, nor did Plaintiff ever deny that he had those symptoms. PL Decl. ¶ 7. In fact, Plaintiff states that he had been experiencing all those symptoms on that day. Id.; TAC ¶ 9.

According to Dr. Ahmed, at Plaintiffs appointment on July 17, 2008, Dr. Ahmed wanted to rule out possible issues associated with abdominal pain, such as appendicitis, and asked Plaintiff if he was experiencing any symptoms such as diarrhea, constipation, vomiting, or nausea. Declaration of Zahed Ahmed (“Ahmed Decl.”), ECF No. 57, Exh. A, ¶ 6. Dr. Ahmed states that Plaintiff denied having those symptoms. Id. Dr. Ahmed also states that there were no other symptoms suggestive of appendicitis, such as tenderness, rigidity, or inflammation around the abdomen. Id. Thus, Dr. Ahmed determined that Plaintiff did not need extra testing at that time, but directed Plaintiff to report [1149]*1149to sick call if he experienced any nausea, vomiting, diarrhea, constipation, or fever. Id.) Appendix of Evidence in Support of Defendant Dr. Chudy’s Motion for Summary Judgment (“App’x”), EOF No. 57, Ex. E. Plaintiffs condition worsened over the next few days, and his pain was so unbearable that Plaintiff felt as if he were dying. TAC ¶ 10. On July 21 and July 22, 2008, Plaintiff submitted two separate requests for medical assistance, and on the second request, wrote “emergency” on the form because he was in fear for his life. TAC ¶¶ 11, 12. The requests indicated that Plaintiff was unable to eat due to the pain, and that Plaintiff was nauseous and breaking out in sweats. PI. Decl. ¶ 14. Both forms also requested a different doctor because Dr. Ahmed had refused to examine him at the earlier appointment. PI. Deck ¶¶ 11-15.

Here again, the parties’ stories differ. According to Plaintiff, a few hours later, on July 22, 2008, Plaintiff was seen by Nurse Toledo, who agreed that Plaintiff needed immediate attention. TAC at ¶ 12-13; PI. Deck ¶ 16. Nurse Toledo walked a few feet down to Dr. Ahmed’s office to speak with Dr. Ahmed on Plaintiffs behalf. TAC. ¶ 13. Nurse Toledo returned and informed the Plaintiff that Dr. Ahmed did not want to see him, that Dr. Ahmed stated that he. had already tended to Plaintiff, and that Dr. Ahmed said “nothing [was] wrong with [Plaintiff].” PI. Deck ¶ 16. At Plaintiffs urging, Nurse Toledo attempted again to have Dr. Ahmed look at Plaintiff, but was unsuccessful. TAC ¶ 13. Dr. Ahmed did not want to see Plaintiff until his next scheduled appointment a few days later. Id. According' to Dr. Ahmed, Nurse Toledo told him about Plaintiffs condition, and Dr. Ahmed informed Nurse Toledo that Plaintiff was scheduled for a follow-up exam on July 25, 2008. Ahmed Deck ¶ 8. Because Plaintiff was “not experiencing any of the symptoms associated with appendicitis, or any other serious medical condition, he did not require any additional treatment at this time.” Id.

Thereafter, Plaintiffs condition worsened so much that he was mostly confined to his bed in pain with a fever, coughing, vomiting, shivering, and frequent painful urination. TAC ¶ 14. On July 24, 2008, Plaintiff could no longer withstand the pain, and informed Unit Officer McFarland. Id. ¶ 15. Plaintiff was taken to the medical center at CTF. Id. Dr. Ahmed examined Plaintiff at the clinic, and reviewed Plaintiffs chart. Ahmed Deck ¶ 9. In the chart, Dr. Ahmed noticed that three weeks prior, Plaintiff reported to a nurse that he had attempted to insert a packet of tobacco into his rectum. Id.) PI. Deck ¶ 18. Plaintiff alleges that it did not fully penetrate his rectum, and he immediately removed it because it was uncomfortable. PI. Deck ¶¶ 18, 20. Dr. Ahmed reports that after he learned that Plaintiff had inserted something into his- rectum, and observed that Plaintiffs abdominal area was tender, Plaintiffs tongue was moist, and Plaintiff displayed a fever, Dr. Ahmed believed that Plaintiff might have perforated his rectum, and ordered Plaintiff to the Natividad Medical Center Emergency Room (“Natividad”). Ahmed Deck ¶ 10. Plaintiff was rushed by ambulance to Nati-vidad. TAC ¶ 15. Plaintiff was placed on IV tubes and given CT scans and other tests. Id. ¶ 15.

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Cite This Page — Counsel Stack

Bluebook (online)
67 F. Supp. 3d 1145, 2014 U.S. Dist. LEXIS 128094, 2014 WL 4444292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-ahmed-cand-2014.