United States District Court, W.D. Washington
WARREN E. BELL, Plaintiff,
SOUTH CORRECTIONAL ENTITY, et al., Defendants
Warren E Bell, Plaintiff, Pro se, Federal Way, WA.
For South Correctional Entity (SCORE Jail), Defendant: Brenda Louise Bannon, KEATING BUCKLIN & MCCORMACK, SEATTLE, WA.
REPORT AND RECOMMENDATION
Mary Alice Theiler, Chief United States Magistrate Judge.
INTRODUCTION AND SUMMARY CONCLUSION
This is a civil rights action proceeding under 42 U.S.C. § 1983. Plaintiff Warren Bell seeks money damages for the alleged violation of his constitutional rights during the course of his confinement at the South Correctional Entity (" SCORE Jail") in late 2012 and early 2013. Plaintiff identifies as defendants in this action the SCORE Jail and SCORE Medical Care Providers (John and Jane Does 1-10). Defendants have filed a motion for summary judgment seeking dismissal of all claims asserted by plaintiff in his complaint. Plaintiff has filed a cross-motion for summary judgment. The Court, having now carefully reviewed the parties' summary judgment motions, and the balance of the record, concludes that defendants' motion for summary judgment should be granted, plaintiff's cross-motion for summary judgment should be denied, and plaintiff's complaint and this action should be dismissed with prejudice.
Plaintiff entered the SCORE Jail on November 29, 2012 pursuant to an order of commitment issued by the City of SeaTac Municipal Court. (Dkt. 18, Ex. C at 1.) Plaintiff was ordered to serve 184 days in jail on a charge of driving under the influence. (Id.) The court subsequently set bail for plaintiff after he filed an appeal of his conviction. ( See id., Ex. C at 2.) Plaintiff was released from custody on January 18, 2013 after posting the $5, 000 bail required by the court. (Dkt. 18 at 2.)
During the course of his confinement at the SCORE Jail between November 29, 2012 and January 18, 2013, plaintiff was housed in the medical unit because of a number of chronic medical issues which needed to be monitored and treated. (Id. and Dkt. 19 at 2.) Hard plastic-shelled beds which hold vinyl-covered mattresses are used in the medical unit at the SCORE Jail. (Id.) The beds are designed for a jail environment and, according to Penny Bartley, the Director of the SCORE Jail, the beds are used to alleviate significant injury should an inmate housed in the medical unit fall getting into or out of bed. (Id.)
When plaintiff arrived at the SCORE Jail in November 2012, he brought with him his personal CPAP machine for treatment of his sleep apnea. (Dkt. 19 at 1-2.) Plaintiff also brought with him personal medication which was bagged and labeled so that it could be administered to plaintiff during staff medical rounds. (Dkt. 19 at 2.) Plaintiff indicated at the time of his booking that he was taking Vicodin and marijuana to manage his migraine headaches. (Id.) Plaintiff was advised that he would be evaluated, and that medicines would be provided based on clinical need and not preference. (Id.) Plaintiff was thereafter prescribed a different medication for his migraine headaches that did not contain a narcotic. (Id.) The Court presumes that this new medication was the Butalbital which plaintiff references in his complaint and which he states was prescribed to him by Dr. David Parker on December 12, 2012. ( See Dkt. 2 at 15.) Plaintiff was also provided a prescription dosage of Ibuprofen for pain. (Dkt. 19 at 2.)
Plaintiff claims that on December 16, 2012 he got up in the night to use the restroom and fell on his right hand and his face. (Dkt. 2 at 14.) He further claims that just before he fell he felt extreme dizziness and muscle weakness. (Id. at 15.) Plaintiff states that he spoke to a nurse later that same morning as she was handing out medications and told her he about his fall and about the dizziness and weakness. (Id.) According to plaintiff, the nurse reviewed his medical records and noted the new prescription for Butalbital, and plaintiff told her he didn't want to take the new medication anymore. (Id.)
Plaintiff maintains that on December 17, 2012 he noticed that his right hand was swollen and that his pinkie finger was painful and swollen as well. (Id.) However, it was not until a number of days later that plaintiff apparently sought treatment for those injuries. According to Eric Nelson, a medical provider at SCORE, he met with plaintiff on December 27, 2012 to discuss a number of medical complaints, among them that plaintiff had fallen on his way to the restroom " two weeks ago" and that his right pinkie finger was sore and swollen. (Dkt. 19 at 3.) Mr. Nelson examined plaintiff's finger and found that plaintiff had full range of motion and sensation in his right pinkie. (Id.) Mr. Nelson also noted that he saw no indication that the finger was swollen or discolored. (Id.) Plaintiff requested that he be provided Vicodin for pain, but Mr. Nelson denied the request. (Id.) Plaintiff was, at that time, still receiving a prescription dosage of Ibuprofen several times a day. (Id.)
Defendants note that plaintiff had over 200 contacts with SCORE medical staff during the course of his confinement at the facility between November 29, 2012 and January 18, 2013, including medication pass contacts, nursing staff contacts, and medical provider contacts. (Id. at 4.) Plaintiff maintains that on several occasions, his contacts with the medical staff resulted in him receiving the wrong prescription medication and, on one occasion, resulted in him receiving medication that was prescribed for another inmate, David Cantrell. ( See Dkt. 2 at 16-17.) Plaintiff attributes his fall on December 16, 2012 to medical personnel giving him Mr. Cantrell's medication. ( See id . at 19.)
Mr. Cantrell's booking records indicate that the only time he and plaintiff were incarcerated at SCORE at the same time was from January 4, 2013 through January 9, 2013, well after plaintiff's fall. (Dkt. 19 at 4.) According to defendants, both inmates were housed in the medical unit from January ...