Richard Joh v. Paul Suhey

709 F. App'x 729
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 26, 2017
Docket16-4010
StatusUnpublished
Cited by17 cases

This text of 709 F. App'x 729 (Richard Joh v. Paul Suhey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richard Joh v. Paul Suhey, 709 F. App'x 729 (3d Cir. 2017).

Opinion

OPINION *

PER CURIAM

Richard Joh appeals the District Court’s order dismissing his amended complaint for failure to state a claim. For the reasons below, we will affirm the District Court’s order.

In the District Court, Joh alleged that, on December 4, 2013, he injured a finger playing volleyball while incarcerated at the Clinton County Correctional Facility (CCCF). Nurse Freeman initially refused to see him but an hour later gave him two ibuprofen tablets. The next day, Nurse Supervisor Marlene Majors saw him, called two doctors, and scheduled an X-ray. After reading the X-ray, she informed Joh that he had fractured his finger. On December 10, Physician Assistant Bernard ordered that Joh’s finger be “buddy-taped,” i.e., taped to the finger next to it. Nurse Majors then ordered another X-ray. On December 13, Dr. Suhey examined the new X-ray, determined that the fracture needed only taping, and ordered that the taping continue for one month.

A month later, on January 8, 2014, the taping was removed and Joh’s finger was “‘disfigured,’ ‘limp,’ and ‘unusable.’” A week later, Joh was examined by Dr. Young, who “did nothing.” On March 10, one day after filing a grievance challenging his medical treatment, Joh was transferred to another facility. After he was released from prison, Joh went to a doctor who informed him that the finger was dislocated and that he needed surgery. Joh had the corrective surgery in August 2015.

Joh argued that the Appellees’ actions constituted deliberate indifference to his serious medical needs. He also contended that the CCCF failed to properly train and supervise its medical personnel. In order to state a claim under the Eighth Amendment for denial of medical care, Joh needed to allege that the Appellees were deliberately indifferent to his serious medical needs. Estelle v. Gamble, 429 U.S. 97, 104-05, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). A medical need is serious if it is “one that has been diagnosed by a physician as requiring treatment or one that is so obvious that a lay person would easily recognize the necessity for a doctor’s attention.” Monmouth Cty Corr. Inst. Inmates v. Lanzaro, 834 F.2d 326, 347 (3d Cir. 1987) (quoting Pace v. Fauver, 479 F.Supp. 456, 458 (D.N.J. 1979), aff'd, 649 F.2d 860 (3d Cir. 1981)). Joh’s allegations of a fractured finger state a claim of a serious medical need. Thus, the issue is whether the Ap-pellees acted with deliberate indifference to that need. Deliberate indifference can be shown by a prison official “intentionally denying or delaying access to medical care or intentionally interfering with the treatment once prescribed.” Estelle, 429 U.S. at 104-05, 97 S.Ct. 285.

Nurse Freeman

As to Nurse Freeman, Joh alleged that she initially refused to see him but gave him pain medicine an hour later. 1 This alleged brief delay in seeing him after his initial injury does not state a claim for deliberate indifference. Cf. Jenkins v. Cty. of Hennepin, Minn., 557 F.3d 628, 632 (8th Cir. 2009) (nurse’s one-day postponement of X-ray for broken jaw did not reflect deliberate indifference); Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006) (no evidence that one-month delay in receiving X-ray after tentative diagnosis of fractured finger was anything more than negligence); Spruill v. Gillis, 372 F.3d 218, 223-25, 237 (3d Cir. 2004) (delay of two to three days before examination of severe back and leg pain did not state a claim of deliberate indifference against prison guard); Brooks v. Kyler, 204 F.3d 102, 105 n.4 (3d Cir. 2000) (no evidence that officers thought prisoner needed immediate treatment or that temporary denial of care exposed prisoner “‘to undue suffering or threat of tangible residual injury 1 ” (quoting Monmouth Cty., 834 F.2d at 346)). In order to be found liable under the Eighth Amendment, a prison official must “know[] of and disregard[] an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and [she] must also draw the inference.” Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). By not treating Joh’s broken finger within an hour, Nurse Freeman did not disregard an excessive risk to his safety. Joh does not allege that the brief delay in treatment led to any serious harm.

In his brief, Joh argues that because Nurse Freeman charged him for the pain medicine and that charge was later refunded, the charge should not have been permitted initially. This, he contends, supports an inference that Nurse Freeman was being punitive or denied him treatment based on its cost. We disagree. That the fee was refunded does not warrant an inference that it was wrongfully and punitively applied by Nurse Freeman or that the brief delay in care was based on concerns over cost.

Appellees Majors, Bernard, and Suhey

Joh claims that several other Ap-pellees are also liable for their treatment of his finger. With respect to medical decisions; “prison authorities are accorded considerable latitude in the diagnosis and treatment of prisoners.” Durmer v. O’Carroll, 991 F.2d 64, 67 (3d Cir. 1993). A federal court will “disavow any attempt to second-guess the propriety or adequacy of a particular course of treatment ... (which) remains a question of sound-professional judgment.” Inmates of Allegheny Cty. Jail v. Pierce, 612 F.2d 754, 762 (3d Cir. 1979) (alteration in original) (quoting Bowring v. Godwin, 551 F.2d 44, 48 (4th Cir. 1977)).

With respect to Head Nurse, Majors, Joh asserted that she ordered two X-rays for Joh and determined that he had a fractured finger. The only allegation against PA Bernard is that he taped Joh’s finger on December 10. As for Dr. Suhey, Joh alleged that he read the X-ray and determined that the finger was fractured but would only require taping. Joh asserted that these three Appellees were deliberately indifferent for failing to recognize the seriousness of his injury and provide treatment to avoid permanent damage. However, Joh has not alleged any facts showing that Appellees’ alleged failure to treat his finger fracture properly was deliberately indifferent as opposed to merely negligent or based on a difference of medical opinion. See Estelle, 429 U.S. at 106, 97 S.Ct. 285 (allegation of negligence does not state Eighth Amendment claim); see also Spruill, 372 F.3d at 235 (allegations of medical malpractice not sufficient for Eighth Amendment claim).

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709 F. App'x 729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-joh-v-paul-suhey-ca3-2017.