MUSE v. RHOADS

CourtDistrict Court, S.D. Indiana
DecidedMarch 31, 2021
Docket2:17-cv-00291
StatusUnknown

This text of MUSE v. RHOADS (MUSE v. RHOADS) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MUSE v. RHOADS, (S.D. Ind. 2021).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

ABDUWALI ABDUKHADIR MUSE, ) ) Plaintiff, ) ) v. ) ) No. 2:17-cv-00291-JPH-MJD KIMBERLY RHOADS, ) CHRISTOPHER McCOY, ) ) Defendants. )

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Federal Bureau of Prisons inmate Abduwali Abdukhadir Muse brought this civil rights action under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), against employees of the Federal Correctional Institution in Terre Haute, Indiana, for their alleged deliberate indifference to his serious medical needs. The Court previously granted summary judgment for Defendant Shepherd. The remaining two defendants—Kimberly Rhoads and Christopher McCoy—now seek summary judgment. I. Factual and Procedural Background A. Facts1 Mr. Muse has been incarcerated since April 2009. Dkt. 124-1 at 9 (Muse Dep. at 14). Before he was incarcerated, he had not received regular dental treatment, care, or instruction on how to care for his teeth. See dkt. 124-20.

1 Defendants argue that their statement of facts is uncontested because Mr. Muse has not "identif[ied] any specific disputes" with it "as required by Local Rule 56-1(b)." Dkt. 138 at 3. But that rule required only a "Statement of Material Facts in Dispute," which Mr. Muse has provided. Dkt. 133 at 3–7. A May 2009 dental exam revealed that he had poor oral hygiene, 24 decayed teeth, and two missing teeth. Dkt. 124-2 at 70 (Shepherd Dep. at 85); dkt. 124-7. In May of 2011—the same month he was transferred to the Federal

Correctional Complex in Terre Haute—his oral hygiene remained poor, he had severe gum disease, and he was missing ten teeth. Dkt. 124-2 at 70–71 (Shepherd Dep. at 86–87); dkt. 124-1 at 8 (Muse Dep. at 13). Mr. Muse had more teeth extracted in 2011 and 2012. Dkt. 124-10; dkt. 124-13. In February 2013, Mr. Muse requested a dentist appointment, writing that he was missing thirteen teeth and could not eat without his gums bleeding. Dkt. 124-14. That June, Mr. Muse was brought to the dental clinic at the Warden's request, but was not seen because he "became unruly with

staff" and "would not comply" with requests. Dkt. 124-16. Throughout 2013, Mr. Muse pursued administrative grievances about missing teeth and wanting dentures. Dkt. 124-15. Ultimately, Mr. Muse appealed to the BOP Central Office, writing that he had only a few teeth remaining, suffers while consuming food, and could not properly chew. Id. at 6. He asked for his teeth to be replaced. Id. The Administrator for National Inmate Appeals responded that Mr. Muse could have been seen in June 2013 for "the fabrication of dentures," but was not because of his "disruptive

behavior and failure to follow instructions." Id. at 7. He also told Mr. Muse that he should inform the dental staff of his concerns with chewing food "and they can order a mechanical soft (blended) diet until you are provided with dentures." Id. In September 2013, Mr. Muse again complained about tooth pain, and the prison dentist removed the tooth. Dkts. 124-17, 124-18. In late 2013, Defendant McCoy became the prison's Assistant Health

Service Administrator. Dkt. 132-4 at 4 (McCoy Dep. at 8). If an inmate "has a problem," Mr. McCoy does his "best to solve that issue within the confines of policy." Id. at 6 (McCoy Dep. at 17). McCoy also addresses inmates' administrative remedies and can talk to medical providers about concerns. Id. at 6–7 (McCoy Dep. at 17–20). Mr. Muse testified that he spoke with Mr. McCoy about his teeth pain and inability to eat "every Wednesday from approximately 20122 until [Mr. Muse] left Terre Haute." Dkt. 132-1 at 22 (Muse Dep. at 74–77). He also testified that Mr. McCoy took notes, but "never

did anything" for Mr. Muse. Id. at 22 (Muse Dep. at 75). Mr. Muse specified one interaction when Mr. McCoy responded that Mr. Muse was "on the list [for dental care]" but that he had no control over who sees Mr. Muse. Id. at 9 (Muse Dep. at 25). On December 4, 2013, Mr. Muse visited Defendant Rhoads—who started working for the BOP as a dental hygienist in April 2013—for a teeth cleaning. Dkt. 124-3 at 5 (Rhoads Dep. at 8); 124-20. At that appointment, Ms. Rhoads took x-rays, performed a "gross scaling with cavitron," and instructed Mr. Muse

on oral hygiene. Dkt. 124-20. She found "very poor" oral hygiene, severe bone loss, and "buildup . . . with heavy bleeding." Id. The heavy bleeding blocked

2 Mr. Muse testified that these conversations began "from approximately 2012" even though Mr. McCoy did not return to the Terre Haute prison until about September 2013. Dkt. 132-4 at 4 (McCoy Dep. at 8). Ms. Rhoads' field of vision, so she instructed Mr. Muse to return in a few weeks after his gums healed from this "first stage of cleaning." Id. That return visit was scheduled for February 20, 2014, and then for March 5, 2014, but custody

staff could not bring him to the dental clinic on either date. Dkt. 124-21; dkt. 124-22. Ms. Rhoads finished the cleaning on March 19, 2014. Dkt. 124-23. She found new "anterior calculus sub and supra calculus" and "heavy plaque showing no improvement with oral hygiene." Id. Ms. Rhoads also noted "severe bone loss and recession generalized" with "heavy generalized bleeding." Id. Mr. Muse also asked for dentures and a liquid diet because he was losing weight. Dkt. 132-3 at 20 (Rhoads Dep. at 24). In October 2015, the prison dentist extracted another tooth and

evaluated Mr. Muse for partial dentures. Dkt. 124-24. The dentist found "upper and lower anterior teeth remaining with varied remaining posterior non restorable teeth," and generalized bleeding and sub and supra calculus from "[v]ery evident" poor dental hygiene. Id. The dentist concluded that Mr. Muse did not qualify for dentures. Id. That same month, Mr. Muse submitted a request for dentures, complaining that he could not eat his food without his gums bleeding. Dkt. 124-25. The dentist responded that Mr. Muse was not eligible for dentures due to poor dental hygiene. Id. He also noted that Mr.

Muse had "an adequate number of teeth to eat with" and denied a request for a soft diet. Finally, he told Mr. Muse that he would be re-evaluated when his name reached the top of the dental services waiting list. Id. Mr. Muse appealed the dentist's decision to the Warden, the BOP Regional Office, and the BOP Central Office; each appeal was denied. Dkt. 124-26. During his time at Terre Haute, Mr. Muse purchased commissary items

including bagels, beef sausage, turkey logs, peanuts, peanut butter, candy bars, popcorn, almonds, mixed nuts, peanut M&Ms, and nutrition bars. Dkt. 124-1 at 68–72 (Muse Dep. at 81–85). Some things he may have given away, but he testified that "If I bought it, yes, I ate it." Id. at 72–73 (Muse Dep. at 85– 86). Mr. Muse also testified that he had to soak "some of the things" in water to soften them. Dkt. 132-1 at 28 (Muse Dep. at 100). When he arrived in BOP custody in 2009, Mr. Muse weighed 108 pounds. Dkt. 124-35. In May 2012, one year after his arrival at Terre Haute,

he weighed 141 pounds. Dkt. 124-36. By May 2013, he weighed 155 pounds. Dkt. 124-37. He then dropped to 139 pounds by July 18, 2014, when he threatened to go on a hunger strike. Dkt. 124-41. The examining doctor noted that Mr. Muse's nutrition was within normal limits. Id. In December 2015, Mr. Muse weighed 140 pounds. Dkt. 124-44. The examining physician found that Mr. Muse had "[a]dequate food intake" but referred him to a dietician noting that he "would benefit with [a] mechanical soft diet." Id. The doctor also provisionally diagnosed Mr. Muse with mild malnutrition "due to molar

edentulism and incisor malocclusion." Id. In December 2017, Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Berry v. Peterman
604 F.3d 435 (Seventh Circuit, 2010)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Pearson v. Callahan
555 U.S. 223 (Supreme Court, 2009)
Arnett v. Webster
658 F.3d 742 (Seventh Circuit, 2011)
Donald F. Greeno v. George Daley
414 F.3d 645 (Seventh Circuit, 2005)
King v. Kramer
680 F.3d 1013 (Seventh Circuit, 2012)
Nelson v. Miller
570 F.3d 868 (Seventh Circuit, 2009)
Burks v. Raemisch
555 F.3d 592 (Seventh Circuit, 2009)
Hayes v. Snyder
546 F.3d 516 (Seventh Circuit, 2008)
Julian J. Miller v. Albert Gonzalez
761 F.3d 822 (Seventh Circuit, 2014)
Miguel Perez v. James Fenoglio
792 F.3d 768 (Seventh Circuit, 2015)
Mullenix v. Luna
577 U.S. 7 (Supreme Court, 2015)
Paul Burritt v. Lisa Ditlefsen
807 F.3d 239 (Seventh Circuit, 2015)
Mark Gekas v. Peter Vasiliades
814 F.3d 890 (Seventh Circuit, 2016)
Estate of William A. Miller v. Helen Marberry
847 F.3d 425 (Seventh Circuit, 2017)
Ziglar v. Abbasi
582 U.S. 120 (Supreme Court, 2017)
Otis Grant v. Trustees of Indiana University
870 F.3d 562 (Seventh Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
MUSE v. RHOADS, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muse-v-rhoads-insd-2021.