Johnson v. Karnes

398 F.3d 868, 2005 WL 433194
Court of Appeals for the Sixth Circuit·Decided February 25, 2005·No. 03-4200·Published·Cited by 647 cases

Opinions

MOORE, J., delivered the opinion of the court, in which EDMUNDS, D.J., joined. GIBBONS, J. (pp. 877-79), delivered a separate dissenting opinion.

OPINION

MOORE, Circuit Judge.

Plaintiff-Appellant James M. Johnson II (“Johnson”) severed several tendons in his right hand immediately prior to his detention in the Franklin County Jail. After his release, Johnson brought this suit under 42 U.S.C. § 1983, alleging that Defendants-Appellees Jim Karnes, in his official capacity as Franklin County Sheriff (“Sheriff Karnes”); the Franklin County Board of Commissioners (“Franklin County Commissioners”); EMSA Correctional Care, Inc. (“EMSA”); and Vincent Anthony Spagna, M.D. (“Dr. Spagna”) violated his constitutional right to adequate medical care in jail.1 The district court granted summary judgment in favor of.all four defendants, and Johnson challenges that decision on appeal. As Johnson did not put forward sufficient evidence to demonstrate a genuine issue of material fact as to whether his injuries resulted from a policy or custom of either Franklin County or EMSA, we AFFIRM the district court’s decision to grant summary judgment in favor of Sheriff Karnes, the Franklin County Commissioners, and EMSA. However, as we conclude that Johnson has established a fact issue on his claim against Dr. Spagna, we REVERSE the district court’s decision to grant summary judgment in favor of Dr. Spagna, and REMAND this case to the district court for further proceedings.

I. BACKGROUND

We take the facts of this case in the light most favorable to Johnson, the party opposing the summary judgment motion. Sometime after dark on October 5th or 6th, 1998, Johnson severely cut his hand after tripping on a concrete stoop and falling at least partway through a glass door at the residence of his then-girlfriend, now-wife and co-plaintiff, Christie R. Johnson. Johnson called 911, and both an ambulance and a police car were dispatched [871] to the scene. As Johnson was bleeding severely, medical personnel brought him out to the ambulance and bandaged his wound. While the medical personnel were caring for him, the police discovered that there was an outstanding warrant for Johnson’s arrest.2 Johnson was then transferred from the ambulance to the police car, and taken to the emergency room of St. Ann’s Hospital.

At the time of his deposition, Johnson did not have a good memory of what took place during that emergency room visit. However, he did remember a female doctor telling him that his tendons had been completely severed, that he was to return for surgery in three to seven days3 (because the tendons needed some time to harden before surgery was performed), and that if he did not return in the appropriate time period, he would “probably ... lose the use of [his] hand permanently.” Joint Appendix (“J.A.”) at 151 (Johnson Dep.). Additionally, he remembers the doctor stating at least some of these things in the immediate presence of the police officers responsible for him..

Johnson was transferred from St. Ann’s Hospital to the Franklin County Jail, apparently later that same night or early the next morning. His initial medical screening form, dated October 6, 1998, bears the notation “See Hosp. Report” in response to a question about obvious medical problems. J.A. at 79 (Initial Medical Screening). After the initial medical evaluation, it may have been “a couple of days,” J.A. at 159 (Johnson Dep.), before Johnson even had the opportunity to speak to a nurse. After this, a jail nurse came periodically to give Johnson antibiotics- that had been prescribed by one of the emergency room' doctors but did not give him any painkillers. During the entire period Johnson was at the jail (a period of 31 days, including the day he entered and the day of his release), the bandages on his arm were changed only once. The jail nurses did not check the wound on any regular basis. Although he is not completely certain, Johnson stated that he believed he had the opportunity to speak with a doctor only once during his entire period of confinement.

During his confinement, Johnson submitted at least two “kites” (medical request forms) and one social service call card. The first medical request form, dated October 13, 1998, describes Johnson’s medical problem as:

“EAR INFECTION, EXTREME PAIN IN LEFT EAR. ALONG WITH EXTREME PAIN IN RIGHT HAND. SEVERED TENDONS NEED SURGERY TO [illegible, but possibly “RE-CONNET” (sic) ] TENDONS.

J.A. at 95. A notation at the bottom, in a different handwriting and apparently dated November 4, 1998, reads “To be seen 11/11/98 by Dr. Aziz.” J.A. at 95. This notation appears in a section marked “FOR STAFF USE ONLY” and appears to be signed by “T. Hairston RN.” J.A. at 95. The second medical request form, dated October 28, 1998, describes Johnson’s problem as:

THE SAME PROBLEM THAT I’VE HAD SENSE (sic) I’VE BEEN HERE (10/5/98), SEVERED TENDONS IN [872] MY RIGHT HAND THAT I’VE BEEN NEEDING SURGERY ON, THAT NO ONE HERE SEEMS TO CARE ABOUT! HELLO, I’M IN EXTREME PAIN.

J.A. at 96. There is no staff notation on the medical request form dated October 28, 1998. The social services call card, dated October 23,1998, begins:

SOCIAL SERVICES REQUEST AGAIN FOR MEDICAL ATTENTION, INMATE HAS NEEDED SURGERY FOR QUITE SOME TIME NOW (10/5/98) [.] INMATE HAS PUT IN CALL CARDS AND MEDICAL SLIPS ON NUMEROUS OCCASIONS SEEKING AN URGENCY IN THIS MATTER. THE INMATE IS LOOKING AT PERM[A]N[E]NT LOSS OF USE OF RIGHT HAND ... DUE TO SEVERED TENDONS IN HIS RIGHT HAND WHICH HE NATURALLY IS (RIGHT HANDED).

J.A. at 97-98. .After discussing several issues more directly related to a social services request, it ends with the statement “INMATE IS CLOSE TO HAVING A NERVOUS BREAKDOWN. PLEASE HELP BEFORE IT’S T0[0] LATE.” J.A. at 98. In addition to Johnson’s own efforts, one or more members of Johnson’s family were also trying to contact jail personnel about Johnson’s medical situation.

At the time of Johnson’s confinement, medical services at the jail were contracted out to EMSA. Dr. Spagna, an EMSA employee, served as “medical director of the Franklin County jail and workhouse.” J.A. at 253 (Spagna Dep.). Dr. Spagna testified in his deposition that Johnson’s medical request forms would have been reviewed first by the nurses, and only transferred to Dr. Spagna if the nurses determined that there was a problem worthy of his attention.4

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Johnson v. Karnes, 398 F.3d 868, 2005 WL 433194 (6th Cir. 2005).

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