Mata v. Saiz

427 F.3d 745, 2005 U.S. App. LEXIS 22746, 2005 WL 2697249
CourtCourt of Appeals for the Tenth Circuit
DecidedOctober 21, 2005
Docket03-1247
StatusPublished
Cited by648 cases

This text of 427 F.3d 745 (Mata v. Saiz) 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
Mata v. Saiz, 427 F.3d 745, 2005 U.S. App. LEXIS 22746, 2005 WL 2697249 (10th Cir. 2005).

Opinions

SEYMOUR, Circuit Judge.

Annabelle D. Mata, an inmate of the Pueblo Minimum Center (PMC), filed a 42 U.S.C. § 1983 action against four Colorado Department of Corrections (DOC) employees alleging violations of the Eighth and Fourteenth Amendments to the United States Constitution. Ms. Mata claims defendants failed to provide her with constitutionally adequate medical care when she suffered severe chest pains culminating in [749]*749a heart attack. The district court granted summary judgment for defendants Dana Weldon, Donna Quintana, and Amy Hough, determining Ms. Mata had failed to raise a genuine issue of material fact with respect to an Eighth Amendment claim and that defendants were therefore entitled to qualified immunity. The court granted partial summary judgment for defendant Judy Saiz. The court then certified its order as a final judgment pursuant to Fed. R. Civ. P. 54(b).

Ms. Mata appeals, contending the district court erred when it determined there were no genuine issues of material fact concerning (1) whether Ms. Weldon, Ms. Quintana, and Ms. Hough were deliberately indifferent to Ms. Mata’s serious medical needs and (2) whether Ms. Saiz was deliberately indifferent to Ms. Mata’s serious medical needs up to the time Ms. Saiz received directions from a doctor to immediately send Ms. Mata to the hospital. A majority of the panel affirms the district court’s grant of summary judgment for defendants Quintana, Hough and Saiz and reverses the court’s grant of summary judgment for defendant Weldon.

SEYMOUR, J., joined by HARTZ, J., as to defendants Weldon, Hough, and Saiz.

I.

“We review a grant of summary judgment on the basis of qualified immunity de novo.” Jiron v. City of Lakewood, 392 F.3d 410 (10th Cir.2004). Summary judgment is appropriate if the record shows “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.” Fed.R.CivP. 56(c). “If our inquiry reveals no genuine issue of material fact in dispute, then we review the case to determine if the district court correctly applied the substantive law.” Gamble, Simmons & Co. v. Kerr-McGee Corp., 175 F.3d 762, 766 (10th Cir.1999) (citing Kaul v. Stephan, 83 F.3d 1208, 1212 (10th Cir.1996)). We construe the factual record and the reasonable inferences therefrom in the light most favorable to the nonmoving party. See Selenke v. Med. Imaging of Colo., 248 F.3d 1249, 1255 (10th Cir.2001).

After a defendant invokes qualified immunity, the plaintiff in a case like this one, which alleges a violation of the Eighth Amendment, must demonstrate that the defendant’s actions violated a specific constitutional right. Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). If the plaintiff fails to meet her burden on this threshold inquiry, the qualified immunity inquiry comes to an end. Id. If the plaintiff meets this initial burden, she must then show that the constitutional right was “clearly established” prior to the challenged official action. Id. “The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Holland v. Harrington, 268 F.3d 1179, 1186 (10th Cir.2001) (internal quotations omitted). Because the district court never reached the second prong of the qualified immunity analysis and there is little doubt that deliberate indifference to an inmate’s serious medical need is a clearly established constitutional right,1 we concern ourselves solely with the following question in the summary judgment context: viewing the evidence in the light most favorable to Ms. Mata, do the facts show that the defendants’ actions violated her [750]*750Eighth Amendment rights? Saucier, 533 U.S. at 201, 121 S.Ct. 2151; Gonzales v. Martinez, 403 F.3d 1179, 1185-86 (2005).

Viewed most favorably to Ms. Mata, the record reveals the following background to this litigation. At the time of the events giving rise to her claims, Ms. Mata was incarcerated at the PMC. During the evening of October 29, 2000, she sought medical attention because she was experiencing severe chest pain. Aplt.App. at 184. Ms. Weldon, a Licensed Practical Nurse (LPN), was on duty at the PMC infirmary that evening. Id. at 184, 190. Ms. Mata reported her chest pain to Ms. Weldon, who responded there was nothing she could do because the infirmary was closed and Ms. Mata would have to return to sick call at the infirmary the following morning. Id. at 184.

Ms. Mata returned to the infirmary, as advised, on the morning of October 30, and informed Ms. Quintana, LPN, of her continuing chest pain. Id. at 185, 188. Ms. Mata reported her chest pain as “eight” on a scale from “zero to ten,” with ten translating to the worst pain a patient can imagine and zero being no pain whatsoever. Id. at 195-97. Ms. Quintana provided Ms. Mata with a nursing assessment which included performing an electrocardiogram (EKG). Id. at 185. Ms. Quintana read the EKG as normal and gave Ms. Mata a “lay-in,” a permission slip to allow her to miss work and other prison-related assignments for the day. Id. Ms. Mata claims that her pain persisted throughout the day, causing her to report it to several guards, but she did not return to the infirmary again that day.2 Id.

Upon her return to the infirmary at 6:00 a.m. on the morning of October 31, Ms. Mata was evaluated by Ms. Hough, a Registered Nurse (RN). Id. at 185, 230. Ms. Hough administered a second EKG and told Ms. Mata it was normal, although it is undisputed that this EKG showed changes from the one performed the prior day. Id. at 185-87, 231. Ms. Saiz, a Nurse Practitioner (NP), arrived at the infirmary shortly after the evaluation performed by Ms. Hough. Id. at 186, 235. Ms. Saiz performed an independent assessment and informed Ms. Mata that she suffered from a chest lining inflammation. Id. at 186, 236. Although Ms. Saiz also read the second EKG as normal, she forwarded the EKG printout to a doctor for review. Id. at 186. The physician ordered Ms. Saiz to send Ms. Mata immediately to the hospital. Id. Ms. Saiz instructed Ms. Mata to return to her housing unit and change into “full greens” for the trip to the hospital. Id. Ms. Mata did as she was told, walking approximately two blocks up hill, changing her clothes, and then walking back to the main facility. Id. She was then transported to the emergency room at Parkview Hospital in Pueblo, Colorado. Id. at 186, 236.

It was determined at the hospital that Ms. Mata had suffered a heart attack. Id. at 186. Heart surgery was performed the same day to open an occluded circumflex coronary artery, but it was unsuccessful. Ms. Mata suffered permanent and irreversible damage to her heart and sustained a permanent disability. Id.

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427 F.3d 745, 2005 U.S. App. LEXIS 22746, 2005 WL 2697249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mata-v-saiz-ca10-2005.