Handy v. Price

996 F.2d 1064, 1993 WL 221577
CourtCourt of Appeals for the Tenth Circuit
DecidedJune 25, 1993
DocketNo. 92-1350
StatusPublished
Cited by56 cases

This text of 996 F.2d 1064 (Handy v. Price) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Handy v. Price, 996 F.2d 1064, 1993 WL 221577 (10th Cir. 1993).

Opinion

STEPHEN H. ANDERSON, Circuit Judge.

Lawrence Handy brought this 42 U.S.C. § 1983 action against six employees of the Colorado Department of Corrections and two physicians, primarily alleging Eighth Amendment violations relating to treatment for his knee in late 1987 and early 1988, and lack of treatment for hepatitis C in 1991. On a fully developed record, the district court adopted the recommendations of the Magistrate Judge, granted summary judgment to the defendants, and dismissed the action. On appeal, Handy reasserts his Eighth Amendment claims, and makes brief but undeveloped reference to others. We affirm.

BACKGROUND

Handy’s complaint centers on the following facts. In November 1987, Handy, an inmate at the Arkansas Valley Correctional Facility (AVCF), had arthroscopic surgery on his knee. After a brief convalescence he was returned, in December 1987, to the AVCF where he was assigned (or volunteered) to work in the kitchen, the area of his previous work assignment. Over the next few days a secondary infection developed in Handy’s knee and, about a week after his return to the AVCF from surgery, Handy was taken back to the hospital where further arthroscopic surgery was performed and antibiotics were administered. There is no allegation that this follow-up treatment was not effective in clearing up the infection. In January 1988, Handy was again returned to the AVCF where he was granted a medical “lay-in” (no work) for four or five months (the complaint is not specific), then returned to work in the kitchen. Handy’s knee, which was injured prior. to his entering prison, lacks a patella and is arthritic. It has been a source of pain and discomfort to Handy for many years, and continued to be so after the operations in question.

In October 1991, more than three years after the events just described, Handy tested positive for hepatitis C. By affidavit, Dr. Mary Berg states that no known treatment is available for hepatitis C. Prior blood tests were negative for other strains of hepatitis, but no test existed for hepatitis C at the time.

From the foregoing facts, Handy argues alternatively that in violation of the Eighth Amendment, the defendants were deliberately indifferent to his serious medical needs and he was subjected to cruel and unusual punishment: when he was not allowed to “lay-in” and was pressured to work, causing a secondary infection, during the week following his return from initial knee surgery; because he was forced to work at a job in the kitchen which was beyond his physical capacities, and denied a transfer to more appropriate work, all of which aggravated his knee condition; because he was allowed to contract the hepatitis “from somewhere within the confines of the Arkansas Valley Correc[1066]*1066tional Facility,” R. Vol. I, Tab 3 (Attachment); and because “the' defendants have been deliberately indifferent to [his] request for medical attention regarding the hepatitis .... ” Id.

Handy’s complaint also alleges a denial of due process and equal protection with respect to his request for a medical lay-in, the handling of various grievances, job assignment, and pay. However, he does not press these arguments in any significant way on appeal.

Handy sued all the defendants in their official capacities, and as individuals, alleging personal participation in various ways, some of which are insufficient to support a cause of action against particular defendants. However, it is unnecessary to pursue the point because of our decision on the merits. The complaint seeks declaratory relief, an injunction, and damages, including punitive damages.

The action proceeded to the summary judgment stage, first on motion by Dr. Mary Berg, and, later, on joint motions by the remaining defendants. Handy’s medical records were submitted under affidavit by the defendants, and are not disputed. Affidavits by physicians were also submitted, partly contested by Handy. On January 15, 1992, the magistrate judge recommended that Dr. Berg’s motion for summary judgment be granted. On February 5, 1992, the district court adopted that recommendation and dismissed the complaint as to Dr. Berg. Thereafter, the magistrate judge held an evidentia-ry hearing to supplement the record in connection with the remaining defendants’ joint motion for summary .judgment. On July 21, 1992, the magistrate judge recommended that Handy’s pending motions be denied and the action dismissed against the remaining defendants. That recommendation was adopted by the district court on August 11, 1992, and a judgment dismissing the action was entered on August 14, 1992. Handy filed his notice of appeal on November 10, 1992, pursuant to an order by the district court permitting the untimely filing.

DISCUSSION

We review de novo the district court’s grant of summary judgment, applying the same standard as the trial court employed under Fed.R.Civ.P. 56(c). Clemmons v. Bohannon, 956 F.2d 1523, 1525 (10th Cir.1992); Smith v. Maschner, 899 F.2d 940, 942 (10th Cir.1990). Summary judgment is appropriately rendered if the evidence demonstrates that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c). “Affidavits and evidence offered by a nonmovant must create a genuine issue for trial; viewing the evidence in the light most favorable to the nonmovant, it is not enough that the evidence be ‘merely colorable’ or anything short of ‘significantly probative,’ ” Hall v. Bellmon, 935 F.2d 1106, 1111 (10th Cir.1991) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986)), “because when ‘the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial.’ ” Id. (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986)); see also Anderson, 477 U.S. at 248-52, 106 S.Ct. at 2510-12.

As we recently stated in Miller v. Glanz, 948 F.2d 1562 (10th Cir.1991):

The Eighth Amendment, applied to the states through the Due Process Clause of the Fourteenth Amendment, prohibits infliction of cruel and unusual punishments on those convicted of crimes. In Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), the Supreme Court recognized that this prohibition applies to the inadequate provision of medical care to prison inmates.

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996 F.2d 1064, 1993 WL 221577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/handy-v-price-ca10-1993.