Harden v. Green

27 F. App'x 173
CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 19, 2001
DocketNo. 01-6393
StatusPublished
Cited by94 cases

This text of 27 F. App'x 173 (Harden v. Green) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harden v. Green, 27 F. App'x 173 (4th Cir. 2001).

Opinion

OPINION

PER CURIAM.

William G. Harden appeals the district court’s order granting summary judgment to Defendants in his 42 U.S.C.A. § 1983 (West Supp.2001) suit, which named as defendants EMSA Correctional Care; Michael S. Green, M.D.; Hugh G. Harris, M.D.; and James K. Wolfson, M.D. In his complaint, Harden alleged violation of his civil rights due to EMSA’s, Green’s, and Harris’s failure to adequately treat his broken arm after surgery and Wolfson’s overbroad competency report.

On appeal, Harden first contends that the district court erred in refusing to appoint him counsel. A district court abuses its discretion if it fails to appoint counsel when exceptional circumstances exist. Whisenant v. Yuam, 739 F.2d 160, 163 (4th Cir.1984). The existence of exceptional circumstances depends on the complexity of the case, and the ability of the prisoner to present it. Id. A review of the record indicates that this case is not extremely complex and that Harden was able to adequately present his case, as demonstrated by his numerous and lengthy motions and exhibits. Thus, the district court did not abuse its discretion by denying Harden’s motions for appointment of counsel.

Harden next contends that the district court improperly denied his motion to compel entry of a scheduling order under Fed. R.Civ.P. 16(b). Because Harden’s motion was untimely filed and because he failed to show any harm from the lack of a scheduling order, we find that there was no reversible error.

Harden next challenges the district court’s grant of summary judgment. We review grants of summary judgment de novo. Higgins v. E.I. DuPont de Nem-ours & Co., 863 F.2d 1162, 1167 (4th Cir. 1988). Summary judgment is proper if the pleadings and evidence show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 [176]*176S.Ct. 2548, 91 L.Ed.2d 265 (1986). In determining whether this showing has been made, the factual evidence and all inferences to be drawn therefrom are reviewed in a light most favorable to the party opposing the motion. Ross v. Communications Satellite Corp., 759 F.2d 355, 364 (4th Cir.1985). Finally, summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations. Davis v. Zahrad-nick, 600 F.2d 458, 460 (4th Cir.1979).

Prisoners can establish an Eighth Amendment violation with respect to medical care if they can prove that there has been deliberate indifference to their serious medical needs. Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). The test for deliberate indifference has two parts. First, whether the deprivation of medical care was sufficiently serious (objective component) and second, whether there existed a culpable state of mind (subjective component). Wilson v. Seiter, 501 U.S. 294, 298, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991). With these standards in mind, the various defendants will be addressed in turn.

1. Dr. Green

Harden injured his left wrist and hand while trying to escape from police officers. On March 13, 1997, Green, an orthopedic surgeon, performed surgery (an open reduction and internal fixation) on Harden’s wrist, repairing the damage with a plate and screws. Following surgery, Harden was returned to the Lexington County Detention Center, where medical care was provided by EMSA. Harden’s prison medical file includes Green’s prescriptions for the medications Tylox, Demoral, Lortab, and Phenergan, as well as post-operative instructions for Harden to move his fingers frequently and keep his arm raised.

Harden asserts that Green was deliberately indifferent to his medical needs when Green did not inform him of the necessity to move his fingers following surgery, did not inquire as to whether his prescriptions would be filled at the prison, and did not implement a long-term care plan when Harden was transferred. However, the evidence shows that Green, at the very least, gave the post-operative instructions to the prison medical department. In addition, he prescribed pain medications for Harden and treated him at two post-operative appointments, where he instructed Harden to continue moving his fingers and planned a timeline for removal of Harden’s cast. There is no evidence that Green controlled the actions of EMSA, and Green has averred that Harden’s type of surgery was routinely handled on an outpatient basis. Thus, Green cannot be responsible for any failure by EMSA to implement his follow-up instructions, and we find that any failure to monitor on Green’s part was only negligence, at most. Accordingly, summary judgment was properly granted to Green.

2. Dr. Harris

On April 17, Harden was transferred to a federal prison in Springfield, Missouri, so that he could undergo a competency examination. On April 28, Harris removed Harden’s cast and noted stiffness in the fingers and wrist and decreased sensation in the thumb, index, and middle fingers. Harris ordered occupational therapy three times a week for range of motion and strengthening exercises. In addition, Harris instructed Harden to perform stretching and range of motion exercises on his own. Harris followed up with Harden on May 23 and noted improvement, but ordered continued occupational therapy. When Harden was released on June 11, he was instructed to continue with physical therapy, was given a copy of the [177]*177exercise descriptions, and was given a number to call if he lost the instructions.

Harden asserts that Harris removed his cast a week later than he should have (according to Green’s timeline) and failed to ensure that Harden was having therapy three time per week as Harris had prescribed. Harden contends that he only had three therapy sessions in the six weeks he was under Harris’s care. However, we find that any wrongdoing on Harris’s part was mere negligence, at most.

Although Harden contends that the untimely removal of his cast aggravated his “frozen-fist” syndrome, he submitted no evidence in support of this claim. Instead, the medical records show that Harden’s condition improved under Harris’s care. Moreover, the evidence is inconclusive as to how many therapy sessions Harden had. In any event, Harris ordered therapy and cannot be held responsible for the prison officials’ failure to follow through. Moreover, Harris also instructed Harden how to do his own therapy, thereby mitigating any damage caused by the lack of therapy sessions and weighing against a finding of deliberate indifference. Because there is no evidence that Harris was deliberately indifferent to Harden’s medical needs, the district court properly granted summary judgment to Harris.

3. Dr. Wolfson

Harden’s claim against Wolfson does not allege deliberate indifference.

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27 F. App'x 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harden-v-green-ca4-2001.