Stevens v. Gooch

48 F. Supp. 3d 992, 2014 U.S. Dist. LEXIS 140650, 2014 WL 4851681
CourtDistrict Court, E.D. Kentucky
DecidedSeptember 30, 2014
DocketCivil Action No. 11-340-CJS
StatusPublished
Cited by6 cases

This text of 48 F. Supp. 3d 992 (Stevens v. Gooch) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stevens v. Gooch, 48 F. Supp. 3d 992, 2014 U.S. Dist. LEXIS 140650, 2014 WL 4851681 (E.D. Ky. 2014).

Opinion

MEMORANDUM OPINION AND ORDER

CANDACE J. SMITH, United States Magistrate Judge.

This matter is before the Court on the Motion for Summary Judgment filed by Defendants, David Gooch and Lincoln County, Kentucky (R. 63). The parties have consented to jurisdiction by a magistrate judge pursuant to 28 U.S.C. § 636(c) and the matter is ripe for consideration. For the reasons explained below, Defendants’ Motion for Summary Judgment will be granted.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

On October 20, 2010, Plaintiff was arrested and taken to the Lincoln County [996]*996Jail where he was delivered at approximately 10:40 p.m. to the custody of the jailer, Defendant David Gooch.1 (R. 40, at ¶ 6, R. 56, at 18). Plaintiff alleges that he was placed in a holding tank, where he slipped and fell on liquid that had accumulated on the floor. (R. 40, at ¶ 6, R. 50-1, at 14-16). As a result of his slip and fall, Plaintiff claims he suffered injuries to his right ankle. (Id.). Plaintiff reported the incident to guards at the jail and requested medical attention. (Id.).

After his fall, he was seen by the jail nurse, Pat Brown. (Id.). She examined Plaintiffs ankle and determined the injury was a sprain. (Id.). At that time, Nurse Brown observed that Plaintiff had an abscess on his arm and decided to have Plaintiff transported to Bluegrass Clinic to have the abscess examined. (Id.). He was seen at Bluegrass Clinic on October 21, 2010. (R. 62, at 5)- The' physician’s assistant at Bluegrass Clinic, Heather Hoewing, examined the abscess on Plaintiffs arm. (Id.). She also examined Plaintiffs ankle and recommended Plaintiff undergo an x-ray of his ankle that same day.2 (Id. at 5-6). Physician’s Assistant Hoew-ing testified that the jail employee who accompanied Plaintiff to the appointment relayed to her that the recommendation for an x-ray was refused because he had not been sent to the clinic for treatment of his ankle. (Id. at 5-7). She documented the refusal, prescribed ibuprofen for pain, and suggested he return on October 24, 2010. (Id. at 49). Defendant Gooch testified that he would never make a decision refusing recommended medical treatment and would never authorize such a decision. (R. 51, at 27). Nurse Brown also testified that she would not have refused a doctor’s requested treatment. (R. 57, at 50). It is unclear who was responsible for refusing Physician’s Assistant Hoewing’s recommendation to obtain an x-ray, but it is undisputed that an x-ray was not performed on October 21, 2010.

On October 25, 2010, Plaintiff returned to Bluegrass Clinic in follow-up for the abscess on his arm, but his chief complaint was cardiac symptoms for which he was hospitalized overnight for observation. (R. 62, at 7-8). Physician’s Assistant Hoewing did not recall looking at Plaintiffs ankle at this appointment, and there is no notation on the medical record referencing the ankle. However, she explained that the main concern at that appointment was Plaintiffs chest pain. (Id.). Plaintiff again returned to the clinic on November 2, 2010, for follow-up of the abscess on his arm and he was also complaining of anxiety. (Id. at 9). Physician’s Assistant Hoewing did not recall whether she examined Plaintiffs ankle during this visit and no reference is made to the ankle in the medical note of that date. (Id. at 9, 41-43). She recommended, he return for follow-up treatment in two weeks.

On November 15, 2010, Plaintiff returned to the clinic in follow-up of the abscess, and he was complaining of ankle pain. (R. 62, at 10, 37-39). Physician’s Assistant Hoewing examined Plaintiffs an[997]*997kle and noted it was still swollen and weak, as well as tender along both the lateral aspect of the malleolus and medially. (Id.). ■ She noted Plaintiff was, however, able to partially bear weight on it. She ordered an x-ray on Plaintiffs right ankle, Which revealed: “a moderately displaced fracture of the medial malleolus with associated soft tissue swelling.” (Id. at 40). Physician’s Assistant Hoewing refilled Plaintiffs prescription for ibuprofen and referred him to an orthopedic specialist— Cumberland Foot and Ankle. (Id. at 32; R. 50, at 14; R. 57-1, at 32). Plaintiff testified that his ankle was placed in an air cast at that appointment, and stated, in answer to an interrogatory, that Guard Dennis Ray gave him crutches. (R. 50, at 14; R. 50-1, at 15).

A November 16, 2010, medical note from Bluegrass Clinic states:

PT is scheduled for referral appt. with Cumberland Foot and Ankle (at Ft. Logan Hospital in Stanford) on Dec. 7, 2010 at 8:30 a.m. Called Pat at the Lincoln County Jail and told her that even though she had not wanted to do the referral, Dr. James instructed me to make the appt. for PT and let her decide whether they would keep it. Pat was notified and said she would handle it from there.

(R. 57-1, at 32, R. 61, at 21). It appears the December 7, 2010, appointment was rescheduled to January 4, 2011. (R. 57, at 20-21, R. 57-1, at 20). The circumstances behind the alleged rescheduling are unclear as Nurse Brown could not recall whether the December 7, 2010, appointment was kept, and had no memory of rescheduling it. (R. 57, at 18-20).

While awaiting his January 4, 2011, appointment with the specialist at Cumberland Foot and Ankle, Plaintiff continued to report ankle pain. On November 21, 2010, he completed a “health care services request form,” complaining of pain and noting that he thought his ankle was infected. The following morning Nurse Brown examined Plaintiff, and made an appointment with Bluegrass Clinic for November 23, 2010. (R. 57-1, at 27). On November 23, 2010, Plaintiff was seen by Physician’s Assistant Lucas Kennedy, who noted Plaintiff was complaining of ankle pain, which was causing him to feel nauseous. (R. 57-1, at 29-31). Because Plaintiff reported having an appointment scheduled with an orthopedic specialist, P.A. Kennedy suggested Plaintiff return for follow-up in one month. (Id.).

On November 28 and December 10, 2010, Plaintiff completed a “health care services request form” noting his ankle pain and stating the pain was causing other symptoms, including high blood pressure. (R. 57-1, at 25-26, 37-38). Nurse Brown received both requests, noted his next appointments, but only examined him on December 10, 2010, without notation of any objective findings or subjective complaints. (IdJ. On December 12, 2010, Plaintiff again completed a “health care services request form” stating he needed to see a doctor because he thought his ankle was infected and the pain was making him sick. (Id. at 24). On December 13, 2010, Nurse Brown examined Plaintiff and noted no infection was present. (Id.). Nurse Brown also noted Plaintiffs appointment with Cumberland Foot and Ankle on January 4, 2011, and she gave him ibuprofen for the pain. (Id.). Bluegrass Clinic records indicate that on December 13, 2010, Plaintiffs’s follow-up appointment scheduled for December 15, 2010, was can-celled by jail personnel. (R. 61, at 23).

On December 24, 2010, at 6:00 (not clear if a.m.

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48 F. Supp. 3d 992, 2014 U.S. Dist. LEXIS 140650, 2014 WL 4851681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-gooch-kyed-2014.