Robert Eugene Easley v. Department of Corrections

590 F. App'x 860
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 24, 2014
Docket13-14257
StatusUnpublished
Cited by44 cases

This text of 590 F. App'x 860 (Robert Eugene Easley v. Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Eugene Easley v. Department of Corrections, 590 F. App'x 860 (11th Cir. 2014).

Opinion

PER CURIAM:

In this 42 U.S.C. § 1983 action, plaintiff-appellant Robert Eugene Easley, a Florida prisoner, pro se appeals the district court’s entry of summary judgment in favor of 15 defendant-appellee prison employees. Easley alleged that he received inadequate medical treatment and faced retaliation for filing grievances. On appeal, Easley argues the district court erred (1) by prematurely granting summary judgment in the defendants’ favor where further discovery beyond the deadline was needed and (2) by failing to grant summary judgment in Eas-ley’s favor. After careful review, we find no reversible error and affirm.

I. BACKGROUND

A. The Parties

In 2011, this lawsuit began, and by January 2012, Easley pro se had filed an amended § 1983 civil rights complaint against 15 employees of the Dade Correctional Institution (“DCI”). The defendants may be divided into three categories: (1) DCI Healthcare Providers, (2) DCI Officers, and (3) DCI Officials. In the first category, Easley alleges deliberate indifference to his serious medical needs by Dr. Julio Poveda and Nurses Curtis Dwares, Suzanne Manifold, Wilene Laguerre, and Ron Ruel. In the second category, he alleges interference with his access to medical care by DCI Sergeants Michelle Vega, Linessa Reyes, Jose Otero, Krystal Holmes, and Jenean Lee, as well as DCI Officers Toi Levy, Deatra Johnson, Anthony Alexander, Joshua Pujol, and Taniko Byrd. In the third category, he alleges unlawful retaliation for his prior grievances by DCI Officials Warden Jerry Cummings, Assistant Warden Jabaria Williams, and Colonel Royce Marlow. 1

B. Easley’s Medical Care from 2009-2011

Easley was a DCI inmate from September 2009 until December 2011. He is now at another prison. The events below relate only to his time at DCI. Upon arrival at DCI, Easley was medically evaluated and was diagnosed as suffering from diabetes, hypertension, and chronic back pain. Subsequently, he was diagnosed with anxiety, depression, and obesity.

The DCI Healthcare Providers took a variety of steps to address Easley’s medical needs. These included: (1) providing Easley with a cane, a low bunk pass, and a pass to avoid prolonged standing; (2) placing Easley on a special 2800-calorie diet to address his diabetes and weight issues; (3) referring Easley to an outside orthotics specialist and then providing Easley -with special orthopedic shoes; 2 (4) securing an evaluation with an outside orthopedic surgeon, who recommended a surgical remedy for his back pain, spinal fusion surgery, which Easley refused; (5) offering Easley the option of sleeping in the infirmary and advising that he regularly do stretching exercises; (6) ordering an MRI to aid in diagnosing Easley’s back *863 problems; (7) ordering physical therapy; (8) prescribing and administering Ultram, a narcotic, as well as aspirin and ibuprofen for relief of Easley’s pain; and (9) prescribing and administering other medicines, including Lisinorpil (for high blood pressure), Glucophage (for diabetes), Zo-cor (for cholesterol), Flexeril (a muscle relaxer), and Diphenhydramine (Bena-dryl). Separately, the DCI mental health department prescribed Prozac and Elavil (or thé generic, amitriptyline), both for depression.

C. Easley’s Claims Against the DCI Healthcare Providers

Easley argues the steps taken by the DCI Healthcare Providers were insufficient, delayed, or terminated, rendering his medical care inadequate.

Easley accurately notes that his special diet was twice terminated. The formal policy (of the Florida Department of Corrections) required the cessation of a special diet- where an inmate missed more than 10% of his meals. Easley had missed 33% of his special diet meals when that diet was first cancelled in March 2010. It was subsequently reinstated, and then again cancelled when Easley missed 71% of his special diet meals in October 2010. The special diet was not renewed and Eas-ley was given a disciplinary report for failure to comply.

After being sent to an outside orthotics specialist, Easley received special orthopedic shoes in June 2010. Easley complains, however, that' he was not given a new pair of the same shoes on an annual basis. Defendants respond that no policy requires annual replacement of the specially ordered shoes, and that Easley was given replacement orthotic inserts in January 2011. Moreover, as with a number of Eas-ley’s other medical treatments, the authorization or denial of replacement shoes did not rest with the individual defendants. Rather, the defendants would file a request with Utilization Management, a division of Florida’s Department of Corrections based in Tallahassee and a non-party. In August 2011, defendant Dr. Poveda requested that Utilization Management approve Easley being seen again by an outside orthotics specialist. Easley does not dispute that Dr. Poveda made this request, but avers that defendant Nurse Dwares “refused to properly write referrals to get a renewal pair” of orthopedic shoes. Dwares avers that he was not “involved in [Easley] receiving or not receiving a new pair of shoes,” but that Dr. Poveda did in fact make the appropriate request to Utilization Management.

The DCI Healthcare Providers referred Easley to an outside physician, Dr. Amar Rajadhyaksha. 3 Dr. Rajadhyaksha, an orthopedic surgeon, saw Easley on June 16, 2010, and recommended corrective surgery to resolve Easley’s back pain. Easley refused surgery and requested other, more conservative treatment.

After Easley saw Dr. Rajadhyaksha and refused surgery, the DCI Healthcare Providers ordered outside consultations for epidural injections to block the pain. Eas-ley met with Dr. Polanco on October 8, 2010, and with Dr. Escandor on December 22, 2010, both at Kendall Regional Medical Center (“Kendall”). In his sworn affidavit, Dr. Poveda stated that Easley received two epidural injections, one on October 8, 2010, and one on December 22, 2010. In his affidavit, Easley avers that the epidural *864 injections never occurred during his time at DCI. And as Easley notes, the Kendall documents from these appointments show that Easley was seen but do not state whether epidural injections were actually administered on the alleged dates.

Nevertheless, it is undisputed that Eas-ley’s back-pain condition received significant attention. Throughout his stay at DCI, Easley was prescribed the narcotic Ultram, to be given three times a day as needed. Affidavits from the DCI Healthcare Providers and accompanying medical records show that he was regularly evaluated and treated by the medical staff. Several of these evaluations resulted in referral to outside specialists. In April 2010, Easley was referred to an orthopedic surgeon. That appointment, where Dr. Rajadhyaksha recommended surgery to Easley, occurred in June 2010.

Easley was separately evaluated by the DCI Healthcare Providers twice in July 2010. In September 2010, Easley was sent out for an MRI and his prescription for the narcotic Ultram was renewed.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
590 F. App'x 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-eugene-easley-v-department-of-corrections-ca11-2014.