Guiddy v. Terhune

90 F. App'x 592
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 15, 2004
DocketNo. 02-2254
StatusPublished

This text of 90 F. App'x 592 (Guiddy v. Terhune) 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
Guiddy v. Terhune, 90 F. App'x 592 (3d Cir. 2004).

Opinion

OPINION

PER CURIAM.

Richard A. Guiddy, a pro se New Jersey prisoner, appeals the District Court’s orders denying his motions for counsel and the District Court’s award of summary judgment to the defendants in his 28 U.S.C. § 1983 action alleging inadequate [595]*595medical care in violation of the Eighth Amendment. We will affirm in part and remand for further proceedings consistent with this opinion.

I.

Because we write for the parties, we set forth only those facts and the procedural history relevant to this appeal. While incarcerated at New Jersey’s Southern State Correctional Facility [“SSCF”], Guiddy filed this civil rights action against 25 defendants, alleging that each defendant denied him adequate medical care for his hernia condition in violation of the Eighth Amendment and New Jersey law. On January 21, 1999, Guiddy was diagnosed with a reducible inguinal hernia and prescribed one week of “lay-in.” Guiddy did not complain of any further problems for the next nine months. After he complained that he felt a “rip” in the area of his hernia in November 1999, he received a truss to wear. Guiddy complained again of pain in December 1999 and eventually consulted Dr. Hertzog, an outside physician, in mid-January 2000, who recommended surgery. When in mid-February he had not yet received a date for his operation, Guiddy submitted a complaint to Quality Assurance Liaison Cathy Pay-ton expressing his concern over the delay, which he discussed with Nursing Supervisor Barbara Roth on March 2, 2000. Roth assured him that she would investigate the delay. Guiddy underwent the scheduled surgery on March 17.

Guiddy remained in the prison infirmary for two days following his surgery. On March 19, Nurse Laura May informed Gu-iddy that he would soon be discharged from the infirmary. Guiddy protested that he was not yet able to function properly and had felt something inside the surgical site tear while returning from the hospital. Guiddy claimed that she insisted he would be released. The infirmary then returned Guiddy to the prison general population with a wheelchair.

Guiddy then submitted his first Administrative Remedy Form to Assistant Superintendent Gary Schneider complaining of his early discharge from the infirmary. He also claimed that on March 21, 2000 Corrections Officer Thorp confiscated his wheelchair, allegedly at the instruction of Dr. Rovillos, despite Guiddy’s protest that he could only walk for shoi’t distances without it. That same day, Guiddy complained of swelling and braising at the site of his hernia surgery. Prison officials then transported him to the emergency room at a local hospital that night, where doctors diagnosed his symptoms as normal postoperative swelling and prescribed Tylenol III. Guiddy asserted that after he returned to SSCF, he was given Motrin instead of Tylenol III. Guiddy again met Nurse Roth on March 27, 2000 to discuss his complaint to Schneider. She arranged for Guiddy to see Dr. Cortes the next day and eventually provided a written response explaining that Guiddy was discharged from the infirmary to accommodate an emergency admission. After the meeting, Guiddy submitted a second Administrative Remedy Form to Schneider complaining of the confiscation of his wheelchair and receiving Motrin instead of Tylenol III.

One week later, Dr. Hertzog examined Guiddy and concluded that the hernia might have returned. He advised Guiddy not to lift heavy items and recommended that Guiddy return in six weeks. Guiddy also claimed that Dr. Hertzog prescribed Percocet for 30 days. That same day, Guiddy was again admitted to the prison infirmary after complaining of groin pain. Guiddy asserted that Nurses Laura May and Judy Trout then repeatedly asked him if he wished to refuse treatment, which he [596]*596declined to do. He received Percocet on April 6 and 7, 2000.

Dr. Rosman examined Guiddy on April 7, 2000. Guiddy asserted that during this examination, Dr. Rosman refused to adhere to Dr. Hertzog’s prescription of Per-cocet and complete bed rest and stated to Guiddy that Dr. Hertzog “[doesn’t] know how to deal with prisoners ... he [is] only used to dealing with people on the street.” Guiddy further alleged that Dr. Rosman then discharged him from the infirmary and returned him to the prison general population. Guiddy’s medical records indicate that Dr. Rosman prescribed a five-day “medical lay-in,” a prohibition on heavy lifting, squatting, and climbing, and Tylenol III three times daily for five days. The records further indicate that Dr. Ros-man extended the Tylenol III prescription for 24 hours after the five days had elapsed. Guiddy submitted a third Administrative Remedy Form to Schneider that day complaining of the cancellation of his Percocet prescription, his discharge from the infirmary, and his constant pain.

After Guiddy consulted another doctor on April 13, 2000, the prison infirmary admitted him the next day, where Nurse Roth and Dr. Rovillos examined Guiddy together. Dr. Rosman then examined Gu-iddy and ordered blood tests to eliminate other possible illnesses, the results of which later proved negative. Two days later, Guiddy discussed his second administrative remedy form with Nurse Laura May. As documented in her subsequent written response to Guiddy, she explained that an outside physician’s medication order is merely a recommendation to the prison medical staff, and that prison physicians administer what they deem appropriate regardless of the recommendation.

Another outside surgeon then examined Guiddy on April 25, 2000 and recommended a second hernia repair surgery, which was scheduled for May 7, 2000. On April 27, Guiddy discussed his third administrative remedy form to Schneider with Nurse Wands. She reiterated to Gu-iddy that the prison medical staff are not bound by the recommendations of outside physicians and are free to select treatment they deem appropriate. She further informed him that he would be given stronger pain medication after his surgery. After this meeting, Guiddy submitted a fourth administrative remedy form to Schneider complaining that his three previous administrative remedy forms were being forwarded to the same department about which he was complaining. Dr. Hertzog then performed a second hernia repair surgery on May 12, 2000.

Guiddy was thereafter returned to the prison infirmary. Three days later Dr. Rosman ordered that he be released to the prison general population and prescribed a reduced dosage of Tylenol III. On May 24, Guiddy received Balicki’s response to his fourth administrative remedy form, in which she explained that she consulted the Quality Assurance Liaison, who informed her that Guiddy’s medical needs were adequately being addressed. Guiddy now underscores the fact that Balicki’s response noted that he was awaiting his second hernia repair surgery, although she dated the response May 18, six days after Guid-dy had already undergone the surgery. About one month later, Guiddy sought medical clearance to resume “power weight lifting,” which was eventually granted on February 7, 2001.

Guiddy’s June 2001 complaint sought in-junctive relief and damages. After screening the complaint before service of process, the District Court dismissed without prejudice Guiddy’s claims against several defendants, including Nurse Trout, Nurse May, and Corrections Officer Thorp, for failure to state a claim. The District [597]

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90 F. App'x 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guiddy-v-terhune-ca3-2004.