Loadholt v. Moore

844 F. Supp. 2d 1274, 2012 WL 243489, 2012 U.S. Dist. LEXIS 8733
CourtDistrict Court, S.D. Georgia
DecidedJanuary 25, 2012
DocketNo. CV 309-091
StatusPublished
Cited by4 cases

This text of 844 F. Supp. 2d 1274 (Loadholt v. Moore) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Loadholt v. Moore, 844 F. Supp. 2d 1274, 2012 WL 243489, 2012 U.S. Dist. LEXIS 8733 (S.D. Ga. 2012).

Opinion

ORDER

DUDLEY H. BOWEN, District Judge.

Plaintiff Oliver C. Loadholt, an inmate at Macon State Prison in Oglethorpe, Georgia,1 filed this action pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding pro se and in forma pauperis. Plaintiff sued the Georgia Department of Corrections and a number of physicians working at various correctional facilities in Georgia, alleging that these Defendants mistreated him and deprived him of his Eighth Amendment right to basic medical care. All claims, with the exception of those waged against Dr. Chaudhary of Augusta State Medical Prison and Dr. Moore of Telfair State Prison, have been dismissed. (See doc. nos. 16, 45.) On October 6, 2010, Dr. Chaudhary moved to dismiss pursuant to 12(b)(6). (Doc. no. 42.)

On March 14, 2011, the United States Magistrate Judge entered a Report and Recommendation that the Court should grant in part and deny in part Dr. Chaudhary’s motion. (Doc. no. 53.) After a thorough review of the applicable facts and the law, the Magistrate Judge determined that Plaintiff had arguably stated an Eighth Amendment claim against Dr. Chaudhary. Dr. Chaudhary filed an objection (doc. no. 56), which is presently before the Court. With due regard to the Magistrate Judge’s recommendation, Dr. Chaudhary’s objection is SUSTAINED and his motion to dismiss is GRANTED IN PULL. As a result, the only remaining Defendant in the case is Dr. Moore.

[1277]*1277 I. BACKGROUND

The facts as alleged in Plaintiffs Complaint 2 are as follows.3 Plaintiff has chronic hepatitis B, a viral infection that causes inflammation of the liver. (Compl. ¶ 6.) Since his incarceration beginning in 2000, Georgia Department of Corrections health care providers have monitored Plaintiffs condition to ensure that treatment would be available should the need arise. (Id.) In March 2008, Dr. Cheney of Telfair State Prison (“TSP”) informed Plaintiff, presumably after blood analysis, that his viral count warranted treatment. (Id. ¶ 1.) Dr. Cheney recommended treatment with interferon, a protein administered to suppress the virus and forestall cirrhosis, or liver scarring.4 (Id.) To receive treatment, however, Dr. Cheney indicated that Plaintiff was required to have “a relatively healthy liver free of cirrh[o]sis.” (Id. ¶ 2.)

Several months after Dr. Cheney’s treatment recommendation, Plaintiff was transferred to Augusta Medical State Prison (“AMSP”) for a consultation regarding treatment. (Id. ¶ 8.) He was not treated in the interim. After his arrival at AMSP, Plaintiff was informed by medical staff that treatment would not proceed until he underwent a liver biopsy to evaluate the health of his liver. (Id. ¶ 9.)

In December 2008, Plaintiff once again consulted with doctors at AMSP regarding treatment (id. ¶ 10), and in August 2009 he was transferred to AMSP to receive the liver biopsy (id. 12). Plaintiff remained at AMSP for two weeks following the operation and on return to TSP was examined by Dr. Moore, another physician at TSP. (Id. ¶ 18.) Plaintiff indicated that his liver was causing “constant pain,” and Dr. Moore advised Plaintiff that his liver was swollen. (Id. ¶ 19.) However, in September 2009, Dr. Chaudhary at AMSP informed Plaintiff that his liver was in fact healthy and that, as a consequence, treatment was not necessary. (Id. ¶ 4.) Days later, Dr. Moore informed Plaintiff that, notwithstanding any complaints of pain, he would not be treated because his liver was healthy and his condition did not require it. (Id. ¶ 20.)

Plaintiff filed this action in November 2009, alleging that Dr. Chaudhary, Dr. Moore, and others were deliberately indifferent to his serious medical needs by failing to treat his hepatitis. Plaintiff has also alleged several state law claims. Plaintiff is seeking damages and an injunction ordering Defendants to provide treatment as prescribed by Dr. Cheney. In previous orders, all claims except those against Dr. Chaudhary and Dr. Moore were dismissed. (See doc. nos. 16, 45.) Dr. Chaudhary moved to dismiss, and the Magistrate Judge recommended that Dr. Chaudhary’s motion be denied as to Plaintiffs claim of deliberate indifference to medical needs. Objections to the Magistrate Judge’s Report and Recommendation have been filed, and Dr. Chaudhary’s motion is now ripe for consideration.

II. MOTION TO DISMISS STANDARD

In considering a motion to dismiss under Rule 12(b)(6), the court tests the legal [1278]*1278sufficiency of the complaint, not whether the plaintiff will ultimately prevail on the merits. Scheuer v. Rhodes, 416 U.S. 282, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). The court must accept as true all facts alleged in the complaint and construe all reasonable inferences in the light most favorable to the plaintiff. See Hoffman-Pugh v. Ramsey, 312 F.3d 1222, 1225 (11th Cir.2002). The court, however, need not accept the complaint’s legal conclusions as true, only its well-pled facts. Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949-50, 173 L.Ed.2d 868 (2009).

A complaint also must “contain sufficient factual matter, accepted as true, ‘to state a claim to relief that is plausible on its face.’ ” Id. at 1940 (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). The plaintiff is required to plead “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. Although there is no probability requirement at the pleading stage, “something beyond ... mere possibility ... must be alleged.” Twombly, 550 U.S. at 556-57, 127 S.Ct. 1955 (citing Dura Pharm., Inc. v. Broudo, 544 U.S. 336, 347, 125 S.Ct. 1627, 161 L.Ed.2d 577 (2005)).

III. DISCUSSION

Plaintiff alleges that Dr. Chaudhary, by denying hepatitis treatment, was deliberately indifferent to his serious medical needs. In his Report & Recommendation to this Court, the Magistrate Judge found that Plaintiff had arguably stated a claim for relief. Dr. Chaudhary objects to this finding, contending that Plaintiffs allegations evince merely a difference in professional judgment regarding treatment, not deliberate indifference to Plaintiffs medical needs. This Court agrees with Dr. Chaudhary’s assessment.

A. Legal Standard

In the seminal case of Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), the Supreme Court recognized the government’s affirmative obligation to provide medical care for inmates. In their confinement, inmates have no choice but to rely on prison authorities for the treatment of their medical needs.

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Cite This Page — Counsel Stack

Bluebook (online)
844 F. Supp. 2d 1274, 2012 WL 243489, 2012 U.S. Dist. LEXIS 8733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loadholt-v-moore-gasd-2012.