Niemic v. UMass Correrctional Health

89 F. Supp. 3d 193, 2015 U.S. Dist. LEXIS 25593, 2015 WL 887626
CourtDistrict Court, D. Massachusetts
DecidedMarch 2, 2015
DocketCivil Action No. 13-11402-WGY
StatusPublished
Cited by7 cases

This text of 89 F. Supp. 3d 193 (Niemic v. UMass Correrctional Health) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Niemic v. UMass Correrctional Health, 89 F. Supp. 3d 193, 2015 U.S. Dist. LEXIS 25593, 2015 WL 887626 (D. Mass. 2015).

Opinion

MEMORANDUM AND ORDER

YOUNG, District Judge.

1. INTRODUCTION

Keith Niemic (“Niemic”) brings this suit pro se against UMass Correctional Health (“UMCH”), Thomas Hicks (“Hicks”), Geraldine Somers (“Somers”), Aysha Hameed (“Hameed”), Bart Nelson (“Nelson”), Mark Schnabel (“Schnabel”), Carmen Newry (“Newry”), and Thomas Groblewski (“Groblewski”)1 (collectively, the “Medical Defendants”) seeking injunctive relief and damages for alleged violations of the First, Eighth, and Fourteenth Amendments of the United States Constitution under 42 U.S.C. section 1983, and Massachusetts General Laws Chapter 12, section 111.2 Niemic, an inmate incarcerated at the Sou-za-Baranowski Correctional Center, asserts that the Medical Defendants were deliberately indifferent to his serious medical needs and committed other constitutional violations during the course of his medical treatment.

The Medical Defendants move for summary judgment pursuant to Federal Rule of Civil Procedure 56. Because Niemic cannot demonstrate that the Medical Defendants were deliberately indifferent to his serious medical needs or violated his constitutional rights, this Court GRANTS the motion.

[199]*199A. Procedural Posture

Niemic filed his initial complaint on June 3, 2013, Compl., ECF No. 1, and he filed an amended complaint on August 26, 2013, Am. Compl., ECF No. 42. On August 5, 2013, Niemic moved for a temporary restraining order and preliminary injunction. Mot. TRO & Prelim. Inj., ECF No. 14. Judge Tauro denied the motion on September 9, 2013, holding that Niemic failed to provide sufficient evidence to show that the Medical Defendants were deliberately indifferent to his serious medical needs and that he failed to “demonstrate a likelihood of success on the merits.” Order, ECF No. 49.

UMCH filed a motion to dismiss August 26, 2013. Def. UMass Correctional Health’s Mot. Dismiss, ECF No. 37. Additionally, defendants Johanna Shaw (“Shaw”); the Massachusetts Department of Correction, Bruce Gelb, Luis Spencer, and Lawrence Weiner (collectively, the “Corrections Defendants”); and Massachusetts Partnership for Correctional Health (“Partnership”) filed motions to dismiss and motions for summary judgment on September 16, 2013, Def. Johanna Shaw, M.D.’s Mot. Dismissal & Summ. J. Re: PL Keith Niemic’s Compl., ECF No. 53, November 22, 2013, Defs. Mot. Dismiss Or Alternative, Mot. Summ. J., ECF No. 67, and November 26, 2013, Def. Mass. P’ship Correctional Healthcare’s Mot. Dismiss, Or, Alternatively, Mot. Summ. J. PI. Keith Niemic’s Am. Compl., ECF No. 69, respectively.3

Niemic attempted to certify a class action on July 22, 2013, Pl.’s Mot. Class Action Certification, ECF No. 12. On February 19, 2014, that motion was denied. Order (“February 2014 Order”) ¶ 1, ECF No. 115. That same day, Judge Tauro accepted and adopted Magistrate Judge Collings’s Report and Recommendation dated January 29, 2014, ECF No. 108, granting UMCH’s motion to dismiss with respect to all claims asserted under 42 U.S.C. section 1983, and denying the motion without prejudice as to all other remaining claims, February 2014 Order ¶ 3. Additionally, on March 25, 2014, Judge Tauro allowed the motions to dismiss filed by Shaw, Partnership, and the Corrections Defendants and dismissed Niemic’s Rehabilitation Act and ADA claims against all remaining defendants. Order ¶¶ 1-3, 7, ECF No. 122.

The ease was reassigned to this session of the Court on May 20, 2014. Elec. Order, ECF No. 131. Two days later, the Medical Defendants filed the instant motion for summary judgment. Defs. UMass Correctional Health, Thomas Hicks, Geraldine Somers, Aysha Hameed, Bart Nelson, Mark Schnabel, Carmen Newry, & Thomas Groblewski’s Mot. Summ. J., ECF No. 134; Defs. UMass Correctional Health, Thomas Hicks, Geraldine Somers, Aysha Hameed, Bart Nelson, Mark Schnabel, Carmen Newry, & Thomas Groblewski’s Mem. Supp. Mot. Summ. J. (“Defs.’ Mem.”), ECF No. 135; Defs. UMass Correctional Health, Thomas Hicks, Geraldine [200]*200Somers, Aysha Hameed, Bart Nelson, Mark Schnabel, Carmen Newry, & Thomas Groblewski’s Statement Undisputed Facts Supp. Mot. Summ. J. (“Defs.’ Undisputed Facts”), ECF No. 136. Niemic filed his opposition on August 11, 2014. PL’s Opp’n UMCH Defs.’ Mot. Summ. J., ECF No. 148; PI. Keith Niemic’s Mem. Supp. Opposing Mot. Summ. J. (“Niemic’s Mem.”), ECF No. 149. The only remaining claim against UMCH is the state law claim, and the remaining claims against the Medical Defendants are the constitutional claims under 42 U.S.C. section 1983 and the state law claim. See Niemic’s Disputed Facts ¶¶ 19-20.

B. Undisputed Facts

Niemic is an inmate currently incarcerated at Souza-Baranowski Correctional Center (“SBCC”) in Shirley, Massachusetts. Id. ¶ 1. This case arises out of Niemic’s ongoing medical treatment for a variety of ailments, including severe back pain, migraine headaches, and Hepatitis B and C. See Am. Compl. ¶¶ 14-16, 18. Thomas Groblewski is the former Regional Medical Director of UMCH. Niemic’s Disputed Facts ¶ 2. Bart Nelson and Mark Schnabel are nurse practitioners, Carmen Newry is a nurse, and Aysha Hameed, Geraldine Somers, and Thomas Hicks are physicians, all former employees of UMCH.4 Id. ¶¶ 3-8. UMCH is a state agency and is the former medical provider for the Massachusetts Department of Corrections. Defs.’ Undisputed Facts ¶ 9.

In June 2005, following an altercation with another inmate, Niemic severely injured his back, resulting in the herniation of his L4-L5 disc. PL’s List Exhibits (“PL’s Exhibits”), Ex. B at 3, ECF No. 151.5 His doctors recommended surgery after failed epidural steroid injections, but Niemic did not have surgery at that time. Defs.’ Undisputed Facts, Ex. A at 1, ECF No. 136.6 There is some dispute as to why Niemic did not receive surgery: evidence provided by both parties suggests that Niemic himself declined the surgery, id.; PL’s Exhibits, Ex. B at 10, but Niemic has also provided a form filed in 2007 requesting that he receive back surgery, PL’s Exhibits, Ex. C at 3. Niemic also provides a report filed by a non-party physician from 2007, however, stating (1) that his injury appeared to have resolved and was having no affect on his daily activities, and (2) that Niemic had a history of narcotic-seeking behavior. PL’s Exhibits, Ex. G at 3.

As a result of his back injury, Niemic suffered falling episodes on May 14, May 28, June 25, September 1, and November 18, 2009. See Niemic’s Disputed Facts ¶¶ 21-25. Only the May 28 fall resulted in a trip to the emergency room, as he suffered a head injury that required staples. Id. ¶ 22. Ultimately, on January 26, 2010, Niemic underwent neurosurgery at Tufts [201]*201Medical Center, Defs.’ Undisputed Facts, Ex. B at 1, despite the surgeon’s warnings that surgery might not fully resolve the issue “given that this has been a chronic problem for the past four years ...

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Bluebook (online)
89 F. Supp. 3d 193, 2015 U.S. Dist. LEXIS 25593, 2015 WL 887626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niemic-v-umass-correrctional-health-mad-2015.