Schultz v. Leighton

325 F. Supp. 3d 1069
CourtDistrict Court, N.D. California
DecidedJune 28, 2017
DocketCase No. 15-cv-03364-JST (PR)
StatusPublished
Cited by3 cases

This text of 325 F. Supp. 3d 1069 (Schultz v. Leighton) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schultz v. Leighton, 325 F. Supp. 3d 1069 (N.D. Cal. 2017).

Opinion

JON S. TIGAR, United States District Judge

Plaintiff, a California prisoner incarcerated at San Quentin State Prison ("SQSP"), filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges that in 2014 and 2015, defendant Dr. Leighton, his primary care provider at *1071SQSP, failed to properly treat plaintiff's back, knee, and shoulder pain, and that defendants Dr. Tootell, J. Lewis, and Dr. Pratt denied plaintiff's inmate appeals. The Court found that, liberally construed, plaintiff's first amended complaint ("FAC"), the operative complaint herein, states a cognizable claim for deliberate indifference to plaintiff's serious medical needs in violation of the Eighth Amendment.

Now before the Court is defendant's motion for summary judgment. Plaintiff has filed an opposition, and defendants have filed a reply. For the reasons set forth below, the Court will grant the motion.

FACTUAL BACKGROUND1

Plaintiff suffers from pain in his lower back, right knee, and right shoulder. FAC at 6.2 He has been diagnosed with minimal degenerative disk disease in his lower back, as well as a tear in the medial meniscus of his right knee and right shoulder bursitis. Id. at 6, 37-38. In 2007, he was referred to a pain management program by an orthopedic specialist, and over the next several years, he received steroid injections and various pain medications including morphine and ibuprofen. Id. at 13; Leighton Decl. ¶¶ 7-60, Ex. A at 1-103. On October 25, 2010, an orthopedist did not recommend any surgery. Leighton Decl. at ¶ 30, Ex. A at 43. Dr. Leighton was plaintiff's primary care physician by August 31, 2012, and she observed plaintiff for more than a year before making the medical decision on February 28, 2014 to taper down, and eventually discontinue, his prescription for morphine. Leighton Decl. ¶¶ 45, 48, 52, 54, 56-61, 63, Ex. A at 69-70, 79, 83-84, 86-87, 93-105, 109-110.

A. Medical Treatment During the 2014-2015 Time Frame Complained of in the FAC

On February 11, 2014, Dr. Leighton saw plaintiff and noted that he was scheduled for a back pain injection, which he received on February 18, 2014. Leighton Decl. ¶¶ 61-62, Ex. A at 104-08. By this point, Schultz's morphine prescription had not yet been tapered. Id. He was taking 180 mg. per day of morphine. Id. at ¶¶ 31, 63, Ex. A at 109-10. This was a high dose, and while he was on this high dose, plaintiff exhibited several adverse effects, including physical dependence, hyperesthesia (i.e., an increased sensitivity to pain), and constipation. Id. at ¶¶ 31, 42, 70, 74, 87, 89, 116, Ex. A at 65, 109-10, 160-162, 164; see also Pratt Decl. ¶¶ 16-17; Tootell Decl. ¶ 11; Barnett Decl. ¶ 18-20.

On February 28, 2014, Dr. Leighton saw plaintiff, examined him, and noted her plan to taper his morphine dose because "it did not appear that [plaintiff] needed to be on such a high dose of morphine, it did not appear to help him, and it was probably harmful overall."Id. at ¶ 63. See also Ex. A at 109-10. She noted that plaintiff agreed to taper down by 15 mg. every two weeks. Id. Dr. Leighton continued ibuprofen, and noted that she would offer plaintiff amitriptyline medication (which can be an effective pain-management treatment for neuropathic pain) at the next appointment to help with any neuropathic pain, if plaintiff felt the need. Id.

On April 11, 2014, Dr. Leighton saw plaintiff, froze the morphine taper so that he could work on his back exercise program, gave him instruction on exercises for stretching and strengthening his lower *1072back, and continued the ibuprofen. Id. at ¶ 64, Ex. A at 111-13.

On June 6, 2014, Dr. Leighton saw plaintiff and observed that he looked significantly healthier and moved significantly better than he had on prior visits. Id. at ¶ 65, Ex. A at 114-16. She noted that he was in no acute distress, instructed plaintiff on stretching and strengthening exercises, and continued the ibuprofen and his current morphine dose, though her plan was to significantly taper down, and probably to eventually discontinue, the morphine. Id.

On July 22, 2014, Dr. Leighton saw plaintiff and noted that he was "in no acute distress." Id. at ¶ 66. She further tapered the morphine dose, continued the ibuprofen, and referred plaintiff for a pain injection for his back pain. Id., Ex. A at 117-20. Dr. Leighton noted that plaintiff had an MRI of his lower back from 2010 showing minimal degenerative changes, which were not likely to be responsible for any radiating pain, and that plaintiff did not report radiating pain. Id.

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Bluebook (online)
325 F. Supp. 3d 1069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schultz-v-leighton-cand-2017.