Kramer v. Gwinnett County, Georgia

306 F. Supp. 2d 1219, 2004 U.S. Dist. LEXIS 3540, 2004 WL 418117
CourtDistrict Court, N.D. Georgia
DecidedMarch 5, 2004
Docket1:02-cv-02124
StatusPublished
Cited by25 cases

This text of 306 F. Supp. 2d 1219 (Kramer v. Gwinnett County, Georgia) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kramer v. Gwinnett County, Georgia, 306 F. Supp. 2d 1219, 2004 U.S. Dist. LEXIS 3540, 2004 WL 418117 (N.D. Ga. 2004).

Opinion

ORDER

EVANS, District Judge.

This civil matter, alleging deprivation of Plaintiffs constitutional rights in violation of 42 U.S.C. § 1983, is presently before the Court on Plaintiffs opposed motions for oral argument on Defendants’ motions for summary judgment [## 58, 59], Defendants Gwinnett County and Conway’s opposed motion to strike [# 55], Defendants Prison Health Services and Gebhardt’s opposed motion to strike [# 65], Defendant Conway’s opposed motion for leave to file supplemental brief [# 73], Defendants Prison Health Services and Gebhardt’s opposed motion for summary judgment [# 43] and Defendants Gwinnett County and Conway’s opposed motion for summary judgment [# 46].

I. Background

Defendant Pinson Health Services, Inc. (“PHS”) contracts with Defendant Gwin-nett County, Georgia to provide medical care to inmates housed at the Gwinnett County Detention Center (“GCDC”). Defendant Gebhardt is PHS’s on-site Health Services Administrator at the GCDC and is responsible for coordination of medical services provided. Defendant Conway is the Sheriff of Gwinnett County, Georgia, and is sued in his official capacity.

Plaintiff was an inmate at the GCDC from August 25, 2000 until November 6, 2000, and then again from November 16, 2000 until January 24, 2001. On July 31, 2002, Plaintiff brought suit under 42 U.S.C. § 1983 and 18 U.S.C. § 242 against the current Defendants and five subsequently dismissed individuals to redress certain wrongs which were alleged to have occurred during Plaintiffs incarceration at the GCDC. On August 2, 2002, Plaintiff filed an amended complaint that, at seventy-four pages and 209 paragraphs, was substantially similar to the original complaint filed on July 31. In response to two defense motions for a more definite statement, this Court found Plaintiffs amended complaint stated claims for violation of at least three constitutional rights under Section 1983 and attempted to state a claim for assault and battery under a criminal statute, 18 U.S.C. § 242. (Order, October 3, 2002 at 4.)

By stipulation of the parties, the five aforementioned individual defendants were dismissed pursuant to Fed.R.Civ.P. 41(a)(l)(ii) on January 6, 2003. Subsequent to this dismissal, the two pending defense motions for summary judgment were filed seeking dismissal of all of Plaintiffs claims. Plaintiffs responses to Defendants’ motions for summary judgment were for the most part wholly unresponsive to Defendants’ arguments, and contained only one heading labeled “deliberate indifference,” which is a reference to Plaintiffs Section 1983 claim for deliberate in *1221 difference to Plaintiffs serious medical needs. Although Plaintiffs responses make passing reference to an Eighth Amendment cruel and unusual punishment claim, Plaintiff fails to tie said claim to any Defendant currently before the Court. 1

Local Rule 7.1B provides that failure to file a response to a party’s motion “shall indicate that there is no opposition to the motion.” N.D. Ga. R. 7.1B. Rule 7.1B requires not just that a party generally “respond” to a motion but mandates that a party respond to each portion of a motion. See Witter v. Delta Airlines, Inc., 966 F.Supp. 1193, 1200 (N.D.Ga.1997). Consequently, a party’s failure to respond to any portion or claim in a motion indicates such portion, claim or defense is unopposed. Welch v. Delta Air Lines, Inc., 978 F.Supp. 1133, 1148 (N.D.Ga.1997) (“[U]n-der Local Court Rule 7.1 of the United States District Court for the Northern District of Georgia, factual and legal claims to which there is no response should be treated as unopposed.”). Having failed to respond to many of Defendants’ arguments and having defended only his Section 1983 claim for deliberate indifference to a serious medical need, Plaintiff is found to have abandoned all other asserted claims. Accordingly, the only claim remaining on summary judgment is Plaintiffs claim for constitutionally inadequate medical care. 2

II. Facts

For the most part, the Court draws the facts from Defendants’ statements of undisputed material facts. In accordance with Local Rule 56.1B(1) both sets of Defendants, with their motions for summary judgment, filed a separate, numbered statement of undisputed material facts. Local Rule 56.1B(2) provides,

The respondent to a motion for summary judgment shall attach to the response a separate and concise statement of material facts, numbered separately, to which the respondent contends there exists a genuine issue to be tried. Response should be made to each of the movant’s numbered material facts. All material facts contained in the moving party’s statement which are not specifically controverted by the respondent in respondent’s statement shall be deemed to have been admitted.

N.D. Ga. R. 56B(2) (emphasis added). Plaintiff-respondent failed to comply with this rule, and instead, filed a pleading which stated, “The facts in this case are voluminous. Plaintiff incorporates the exhaustive facts alleged in his Complaint and in the Facts portion of his brief as if fully stated herein.” (Plaintiffs Statement of Theory of Recovery and Material Facts As To Which There Are Genuine Issues at 2.) Thus, Plaintiff has failed to oppose any of Defendants’ material facts, and all of Defendants’ numbered facts are deemed admitted. See Jackson v. City of Stone Mountain, 232 F.Supp.2d 1337, 1341 (N.D.Ga.2002). Nevertheless, the Court must still view all evidence and inferences of fact in the light most favorable to Plaintiff. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Accordingly, the Court has referenced the facts section of Plaintiffs re *1222 sponse in an effort to determine the contentions put forth by Plaintiff.

The facts as are relevant to Plaintiffs claim of deliberate indifference are as follows. Plaintiff was arrested and booked into the GCDC on August 25, 2000, on two counts of aggravated child molestation. Upon being booked, Plaintiff was medically screened by a PHS nurse. During said screening Plaintiff indicated that he suffered from various medical problems including psoriasis, psoriatic arthritis, poor circulation, sleep apnea and asthma. Plaintiff also informed the nurse that he utilized prednisone (a steroid), aspirin, and a topical steroidal cream on a daily basis. Plaintiff has suffered from psoriasis and related conditions for all of his adult life. With treatment, Plaintiff has historically been able to manage these conditions into remission.

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306 F. Supp. 2d 1219, 2004 U.S. Dist. LEXIS 3540, 2004 WL 418117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kramer-v-gwinnett-county-georgia-gand-2004.