Napoleon Hartsfield v. Nurse Janice Colburn

491 F.3d 394, 2007 U.S. App. LEXIS 17141, 2007 WL 2050849
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 19, 2007
Docket06-2454
StatusPublished
Cited by45 cases

This text of 491 F.3d 394 (Napoleon Hartsfield v. Nurse Janice Colburn) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Napoleon Hartsfield v. Nurse Janice Colburn, 491 F.3d 394, 2007 U.S. App. LEXIS 17141, 2007 WL 2050849 (8th Cir. 2007).

Opinions

LOKEN, Chief Judge.

Iowa inmate Napoleon Hartsfield alleged in his 42 U.S.C. § 1983 complaint that five defendants were deliberately indifferent to his serious medical needs when they delayed referring him to an oral surgeon to have three teeth extracted while he was a pretrial detainee at the Scott County Jail. In a prior appeal, we reversed the grant of summary judgment in favor of four defendants and remanded for further proceedings. Hartsfield v. Colburn, 371 F.3d 454 (8th Cir.2004).

On remand, the magistrate judge1 conducted an evidentiary hearing. See 28 U.S.C. § 636(b)(1)(B). During the hearing, one defendant was voluntarily dismissed. The remaining defendants are Nurse Janice Colburn, a full-time employee at the Jail, Dr. Scott Ludwig, a private physician hired to provide medical services at the Jail, and Captain Michael McGre-gor, who was responsible for transporting inmates to medical appointments. Following the hearing, the magistrate judge filed a Report and Recommendation that judgment be entered in favor of these three [396]*396defendants. The district court2 reviewed de novo the portions of the Report to which Hartsfíeld objected and adopted it in full. See 28 U.S.C. § 636(b)(1). Harts-field appeals. When an inmate challenges the conditions of his confinement and the evidence is gathered in this fashion, the hearing before the magistrate judge is the equivalent of a bench trial, and we review the district court’s findings of fact for clear error. See Choate v. Lockhart, 7 F.3d 1370, 1373 n. 1 (8th Cir.1993); Moody v. Proctor, 986 F.2d 239, 241 (8th Cir.1993). We affirm.

Hartsfíeld entered the Scott County Jail on October 4, 2001. Jail policy required inmates to submit sick call requests to receive medical treatment. On October 20, Hartsfíeld submitted a sick call request reciting, “Tooth need[s] pulling it hurts like mad and I’m in se[vere] pain.” Dr. Ludwig reviewed the request and prescribed ibuprofen, a pain-relieving medication. Dr. Ludwig testified that, because he is not a dentist, his standard response to non-emergency requests for dental care is to prescribe a pain reliever without examining the inmate and then to make an appointment for the inmate to see a dentist if the pain medication is not effective. The district court found that, after October 20, Hartsfíeld was allowed to purchase ibuprofen from the jail commissary whenever he requested.

In the following weeks, Nurse Colburn acknowledged that Hartsfíeld made “constant” complaints about continuing tooth pain, headaches, and problems eating and sleeping, and he regularly asked to see Dr. Ludwig. Colburn responded by instructing Hartsfíeld to submit another sick call request. She also reported his complaints to Dr. Ludwig “at least once a week.” Hartsfíeld testified that he also complained directly to Dr. Ludwig when they met by chance in a hallway. Ludwig, too, told Hartsfíeld to file another sick call request if he needed further medical attention. Ludwig did not recall this encounter.

On November 27, Hartsfíeld filed a second sick call request that stated, “I’ve put in slips to get my teeth pulled once in Oct. 2001 now I will file a lawsuit cause I’m in pain and can’t get medical treatment.” Colburn and Ludwig promptly scheduled an appointment and on December 5 Harts-fíeld was seen by Dr. David Anderson, a private oral surgeon who treats patients referred by the Jail. An x-ray of Harts-field’s mouth revealed long-standing decay in two molars causing an exposed root and inflammation around an adjacent impacted wisdom tooth. With Hartsfield’s consent, Anderson extracted the three teeth in a five-to-ten-minute procedure, using only local anesthetic. Hartsfíeld required no further dental treatment. This lawsuit concerns only the delay in scheduling the dental appointment with Dr. Anderson.

Deliberate indifference to an inmate’s serious medical needs violates the Eighth Amendment as applied to the States by the Fourteenth Amendment. Hartsfíeld was a pretrial detainee at the time in question, but it is now settled “that deliberate indifference is the appropriate standard of culpability for all claims that prison officials failed to provide pretrial detainees with adequate food, clothing, shelter, medical care, and reasonable safety.” Butler v. Fletcher, 465 F.3d 340, 345 (8th Cir.2006), cert. denied, — U.S. -, 127 S.Ct. 2128, 167 L.Ed.2d 863 (2007).

“To prevail on an Eighth Amendment claim of deliberate indifference to [397]*397serious medical needs, an inmate must prove that he suffered from one or more objectively serious medical needs, and that prison officials actually knew of but deliberately disregarded those needs.” Roberson v. Bradshaw, 198 F.3d 645, 647 (8th Cir.1999). Deliberate indifference is equivalent to the criminal law standard of recklessness — “a prison official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.” Bender v. Regier, 385 F.3d 1133, 1137 (8th Cir.2004), quoting Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). Each step of this inquiry is fact-intensive. We review the district court’s factual conclusions for clear error. Jensen v. Clarke, 94 F.3d 1191, 1197-98 (8th Cir.1996).

Toothaches can be excruciatingly painful, and dental care is an important part of proper health care. Thus, a number of our decisions have reversed the grant of summary judgment in favor of prison officials and prison dentists who delayed three weeks or more in providing dental care for an inmate whose mouth showed obvious signs of serious infection, such as swelling, bleeding, or pus, and who complained of severe tooth pain. See Moore v. Jackson, 123 F.3d 1082, 1085-87 (8th Cir.1997); Boyd v. Knox, 47 F.3d 966, 969 (8th Cir.1995); Patterson v. Pearson, 19 F.3d 439, 440 (8th Cir.1994); Fields v. Gander, 734 F.2d 1313, 1315 (8th Cir.1984). Consistent with these decisions, we reversed the prior grant of summary judgment in this ease because Hartsfield presented evidence “that he suffered extreme pain from loose and infected teeth, which caused blood to seep from his gums, swelling, and difficulty sleeping and eating,” and some evidence that defendants may have delayed referring him to Dr. Anderson for non-medical reasons — Hartsfield’s prior misconduct or security issues in seeking care outside the Jail. 371 F.3d at 457.

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Bluebook (online)
491 F.3d 394, 2007 U.S. App. LEXIS 17141, 2007 WL 2050849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/napoleon-hartsfield-v-nurse-janice-colburn-ca8-2007.